Marcus L. CARNES, Plaintiff - Appellant, v. S. BRYSON, Dentist, USP Lee, Defendant - Appellee.
Decided: August 28, 2020
Before KING and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.
Marcus L. Carnes, Appellant Pro Se. Krista Consiglio Frith, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
Marcus L. Carnes appeals the district court's order dismissing his civil action seeking injunctive relief pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), without prejudice for failure to comply with a court order. See Fed. R. Civ. P. 41(b). We have reviewed the record and find no abuse of discretion in the district court's decision to dismiss the action without prejudice. See Attkisson v. Holder, 925 F.3d 606, 625 (4th Cir. 2019) (discussing relevant considerations); Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir. 1989) (standard of review). Accordingly, we affirm for the reasons stated by the district court. Carnes v. Bryson, No. 7:20-cv-00217-JPJ-PMS (W.D. Va. June 10, 2020). We deny Carnes’ motion to consolidate and for summary reversal. 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Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.