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BAKER v. Coffeewood Correctional Center; T. Harvey, Regional Ombudsman Central Region; Marcus M. Hodges, Regional Administrator Central Region; Karen Stapleton; Erma Locust, Ombudsman Manager; Gail R. Jones, Central Classification Services Reviewer; Harold Clarke, Director; Sergeant Institutional Investigator, Defendants. (2021)

United States Court of Appeals, Fourth Circuit.2021-07-22No. No. 21-6009

Authorities cited

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Opinion

DeWayne Baker appeals the district courts order dismissing his 42 U.S.C. § 1983 complaint without prejudice for failure to comply with the courts order directing him to file a second amended complaint. See Fed. R. Civ. P. 41(b). We review a district courts dismissal under Rule 41(b) for abuse of discretion. Simpson v. Welch, 900 F.2d 33, 35-36 (4th Cir. 1990). We have reviewed the record and find no abuse of discretion. Baker v. Gilmore, No. 7:18-cv-00382-TTC-RSB (W.D. Va. Nov. 30, 2020). Accordingly, we affirm. We deny Bakers motions to show cause for an injunction and a temporary restraining order and to appoint counsel. 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

PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.