Francis Masika v. Unknown , 627 F. App'x 228 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6992
FRANCIS MASIKA,
Plaintiff - Appellant,
v.
UNKNOWN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. M. Hannah Lauck, District
Judge. (3:15-cv-00050-MHL-RCY)
Submitted: December 10, 2015 Decided: December 23, 2015
Before WILKINSON, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Francis Masika, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Francis Masika appeals the district court’s order
dismissing without prejudice his 42 U.S.C. § 1983 (2012)
complaint for failure to comply with a court order to pay the
full filing fee or return to the court a form consenting to
collection of the filing fee from his inmate account. We
affirm.
A plaintiff’s failure to comply with a court order may
warrant involuntary dismissal. Fed. R. Civ. P. 41(b). We
review such a dismissal for abuse of discretion. Ballard v.
Carlson, 882 F.2d 93, 95 (4th Cir. 1989). Our review of the
record discloses no evidence that the district court received a
timely response from Masika to its order regarding the payment
of his filing fees.
Although we grant Masika leave to proceed in forma
pauperis, we find no abuse of discretion, and affirm the
district court's order. 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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