Terry Chapman v. Nissan Corporation

USCA4 Appeal: 22-2238 Doc: 13 Filed: 04/24/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-2238
TERRY R. CHAPMAN,
Plaintiff - Appellant,
v.
NISSAN CORPORATION,
Defendant - Appellee.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Lydia Kay Griggsby, District Judge. (1:21-cv-01903-LKG)
Submitted: April 20, 2023 Decided: April 24, 2023
Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Terry R. Chapman, Appellant Pro Se. Steven Richard Freeman, FREEMAN
ASSOCIATES, LLC, Towson, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-2238 Doc: 13 Filed: 04/24/2023 Pg: 2 of 2
PER CURIAM:
Terry R. Chapman appeals the district court’s order dismissing his civil complaint
without prejudice for failure to prosecute, and a subsequent order denying Chapman’s
postjudgment motion to reconsider that ruling. We have reviewed the record and find no
abuse of discretion in the district court’s conclusion, reached in its initial dispositive order
and reaffirmed in conjunction with the postjudgment motion, that Chapman failed to
prosecute his case. See Attkisson v. Holder, 925 F.3d 606, 625 (4th Cir. 2019) (stating
standard of review and providing standard for dismissal pursuant to Fed. R. Civ. P. 41(b));
Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989) (observing that plaintiff’s failure to
heed explicit warning of the consequences of failing to respond is an important
consideration in determining whether district court abused its discretion). Accordingly, we
affirm the district court’s orders. Chapman v. Nissan Corp., No. 1:21-cv-01903-LKG (D.
Md. Sept. 6, 2022; Nov. 2, 2022). We deny Chapman’s motion to amend the caption in
this case or remand. 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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