UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1279
ROBERT SAUNDERS, Administrator of the Estate of the late
Sara E. Saunders,
Plaintiff – Appellant,
v.
SUNBRIDGE CARE & REHABILITATION CENTER; DIRECTOR AT
SUNBRIDGE CARE & REHABILITATION CENTER; DIRECTOR OF NURSING
SUNBRIDGE CARE & REHABILITATION CENTER,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. George L. Russell, III, District Judge.
(1:12-cv-02756-GLR)
Submitted: August 29, 2013 Decided: September 3, 2013
Before DUNCAN, AGEE, and KEENAN, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Robert Saunders, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Saunders appeals the district court’s order
dismissing his civil complaint for failure to comply with a
court order. See Fed. R. Civ. P. 41(b). We conclude that the
district court did not abuse its discretion in dismissing the
action for failing to comply with the court’s order directing
Saunders to secure counsel to represent his wife’s estate,
having warned him that noncompliance could result in dismissal
and given him multiple extensions of time to comply. See
Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989). We
conclude, however, that the dismissal should be without
prejudice. Choice Hotels, Int’l, Inc. v. Goodwin & Boone, 11
F.3d 469, 471-72 (4th Cir. 1993). Accordingly, we grant leave
to proceed in forma pauperis and affirm the order of the
district court, modified to reflect that the dismissal is
without prejudice. 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 AS MODIFIED
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