Opinion

Demmerick Brown v. Harold Clarke

Court
Court of Appeals for the Fourth Circuit
Filed
Aug 31, 2023
Status
Unpublished
Cited by
0 cases
Authority
More cited than 12.3%

The opinion

USCA4 Appeal: 23-6131 Doc: 11 Filed: 08/31/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-6131

DEMMERICK ERIC BROWN, a/k/a Denrick Eric Brown,

Plaintiff - Appellant,

v.

HAROLD W. CLARKE, Director; DAVID A. ROBINSON, Chief of Operations;

GEORGE M. HINKLE; MARK AMONETT, Chief Physician; CHRISTOPHER J.

GENSINGER, Central Classification Manager; D. CALL, Warden; W. JARRETT,

Assistant Warden; S. J. COILBERSON, Unit Manager; A. JACKSON, Grievance

Coordinator,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at

Alexandria. Claude M. Hilton, Senior District Judge. (1:22-cv-01122-CMH-WEF)

Submitted: July 19, 2023 Decided: August 31, 2023

Before GREGORY and AGEE, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Denrick Eric Brown, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6131 Doc: 11 Filed: 08/31/2023 Pg: 2 of 2

PER CURIAM:

Demmerick E. Brown appeals the district court’s order dismissing without prejudice

his civil action for failure to comply with a court order. We have reviewed the record and

find no reversible error. See Attkisson v. Holder, 925 F.3d 606, 625 (4th Cir. 2019)

(discussing relevant factors); Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989)

(applying abuse-of-discretion standard). Accordingly, we affirm the court’s dismissal

order without prejudice to Brown having another opportunity to comply with the court’s

order. * Brown v. Clarke, No. 1:22-cv-01122-CMH-WEF (E.D. Va. Jan. 25, 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

*

If Brown refiles this action in the district court, the action will not be dismissed if

he fails to maintain 20% of the previous month’s balance in his Inmate Trust Account

because of payments toward pre-existing court fees.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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