Opinion
23-6699
06-27-2024
LAWRENCE VERLINE WILDER, Petitioner - Appellant, v. JOSH STEIN; D. H. PRICE, Respondents - Appellees.
Lawrence Verline Wilder, Sr., Appellant Pro Se.
UNPUBLISHED
Submitted: June 25, 2024
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:23-hc-02089-D-RJ)
Lawrence Verline Wilder, Sr., Appellant Pro Se.
Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Lawrence Verline Wilder, Sr., appeals the district court's order dismissing without prejudice his action, construed as a 28 U.S.C. § 2241 petition, for failure to comply with the magistrate judge's order directing Wilder to pay the filing fee or apply to proceed without payment of fees within 21 days. See Fed. R. Civ. P. 41(b). After reviewing the record, we conclude that the district court did not abuse its discretion in dismissing Wilder's action. See Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989) (holding that district court did not abuse discretion when it dismissed case for failure to comply with prior order after explicitly warning that dismissal would result from failure to comply). Accordingly, we affirm the district court's judgment. Wilder v. Stein, No. 5:23-hc-02089-D-RJ (E.D. N.C. June 2, 2023). 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.