Lawrence Verline Wilder v. Josh Stein; D. H. Price

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6699
LAWRENCE VERLINE WILDER,
Petitioner - Appellant,
v.
JOSH STEIN; D. H. PRICE,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:23-hc-02089-D-RJ)
Submitted: June 25, 2024 Decided: June 27, 2024
Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Lawrence Verline Wilder, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Lawrence Verline Wilder, Sr., appeals the district court’s order dismissing without
prejudice his action, construed as a 28 U.S.C. § 2241 petition, for failure to comply with
the magistrate judge’s order directing Wilder to pay the filing fee or apply to proceed
without payment of fees within 21 days. See Fed. R. Civ. P. 41(b). After reviewing the
record, we conclude that the district court did not abuse its discretion in dismissing
Wilder’s action. See Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989) (holding that
district court did not abuse discretion when it dismissed case for failure to comply with
prior order after explicitly warning that dismissal would result from failure to comply).
Accordingly, we affirm the district court’s judgment. Wilder v. Stein, No. 5:23-hc-02089-
D-RJ (E.D.N.C. June 2, 2023). We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED

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