Terah Morris v. A. McLane , 616 F. App'x 128 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7104
TERAH C. MORRIS,
Plaintiff - Appellant,
v.
A. MCLANE, Correctional Officer; C. L. GOINES, Correctional
Officer; W. PIXLEY, Warden; HAROLD CLARKE, Director of VA
Prisons/D.O.C.; CAIN, Lt.; F. CARVER, Sgt.; PITTMAN;
KILLMON; BROWN; D. CLARK,
Defendants – Appellees,
and
C. GOINES, Correctional Officer; WENDALL PIXLEY, Warden,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:14-cv-01426-GBL-MSN)
Submitted: September 29, 2015 Decided: October 5, 2015
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Terah C. Morris, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Terah C. Morris appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2012) complaint without
prejudice for failure to comply with its prior order. See Fed.
R. Civ. P. 41(b). We review the district court’s order for
abuse of discretion. Ballard v. Carlson, 882 F.2d 93, 95-96
(4th Cir. 1989). “A court abuses its discretion if its decision
is guided by erroneous legal principles or rests upon a clearly
erroneous factual finding.” United States v. McLean, 715 F.3d
129, 142 (4th Cir. 2013) (internal quotation marks omitted).
The district court dismissed Morris’ complaint because it found
that Morris had not filed a particularized amended complaint or
an affidavit concerning administrative exhaustion of his claims,
as the court had instructed him to do. We have reviewed the
record and find no abuse of discretion. Accordingly, we affirm
for the reasons stated by the district court. Morris v. McLane,
No. 1:14-cv-01426-GBL-MSN (E.D. Va. June 18, 2015). We dispense
with oral argument because the facts and legal arguments are
adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED
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