GORE v. Fairfax Adult Detention Center, Defendant. (2019)

Justin Gore appeals the district court's order dismissing his 42 U.S.C. § 1983 (2012) action without prejudice for failing to comply with the court's order to explain his alleged violation of a consent order to withdraw money from his inmate trust account.^* We conclude that Gore's response, which the district court docketed as a notice of appeal, is actually an explanation in compliance with the court's order. We therefore vacate the district court's dismissal order and remand the case for the district court to consider Gore's explanation in the first instance and to conduct further proceedings as necessary. 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.

VACATED AND REMANDED

FOOTNOTES

FOOTNOTE.   The district court's dismissal without prejudice on procedural grounds is final and appealable. See Goode v. Cent. Va. Legal Aid Soc'y, Inc., 807 F.3d 619, 623-24 (4th Cir. 2015).

PER CURIAM:

Vacated and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.