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    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Akil Rashidi Bey against various defendants. The district court had dismissed Bey's complaint for failing to comply with a court order to file an amended complaint. The appeals court, however, found that the district court's orders did not explicitly order Bey to file an amended complaint. Therefore, the appeals court concluded that the district court abused its discretion in dismissing the case. The appeals court vacated the dismissal order and remanded the case back to the district court for further proceedings.

    Original Description:

    Filed: 2013-11-15 Precedential Status: Non-Precedential Docket: 13-6748

    Original Title

    Akil Bey v. Commonwealth of Virginia, 4th Cir. (2013)

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    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Akil Rashidi Bey against various defendants. The district court had dismissed Bey's complaint for failing to comply with a court order to file an amended complaint. The appeals court, however, found that the district court's orders did not explicitly order Bey to file an amended complaint. Therefore, the appeals court concluded that the district court abused its discretion in dismissing the case. The appeals court vacated the dismissal order and remanded the case back to the district court for further proceedings.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    11 views4 pages

    Unpublished

    Uploaded by

    Scribd Government Docs
    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Akil Rashidi Bey against various defendants. The district court had dismissed Bey's complaint for failing to comply with a court order to file an amended complaint. The appeals court, however, found that the district court's orders did not explicitly order Bey to file an amended complaint. Therefore, the appeals court concluded that the district court abused its discretion in dismissing the case. The appeals court vacated the dismissal order and remanded the case back to the district court for further proceedings.

    Copyright:

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6748

    AKIL RASHIDI BEY, ex rel. Aikido Graves,


    Plaintiff - Appellant,
    v.
    COMMONWEALTH OF VIRGINIA; PRINCE WILLIAM COUNTY; PRINCE
    WILLIAM
    COUNTY
    ADULT
    DETENTION
    CENTER;
    JANE
    DOE
    1,
    Correctional
    Officers/Sheriffs
    in
    their
    official
    and
    individual
    capacity;
    JOHN
    DOE
    1,
    Correctional
    Officers/Sheriffs in their official and individual capacity;
    JOHN DOE 2, Correctional Officers/Sheriffs in their official
    and
    individual
    capacity;
    JOHN
    DOE
    3,
    Correctional
    Officers/Sheriffs in their official and individual capacity;
    RAY PEREZ, Chaplin, in his official and individual capacity,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    T. S. Ellis, III, Senior
    District Judge. (1:13-cv-00102-TSE-TRJ)

    Submitted:

    October 22, 2013

    Decided:

    November 15, 2013

    Before NIEMEYER, WYNN, and FLOYD, Circuit Judges.

    Vacated and remanded by unpublished per curiam opinion.

    Akil Rashidi Bey, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Akil Rashidi Bey appeals the district courts order
    dismissing

    without

    prejudice

    his

    42

    U.S.C.

    1983

    (2006)

    complaint for failure to comply with a court order to file an


    amended complaint.

    We vacate the district courts order and

    remand for further proceedings.


    A

    district

    court

    may

    dismiss

    an

    action

    plaintiffs failure to comply with any order.


    41(b).

    based

    on

    Fed. R. Civ. P.

    Where a litigant has ignored an express warning that

    noncompliance with a court order will result in dismissal, the


    district court should dismiss the case.
    F.2d 93, 95-96 (4th Cir. 1989).

    Ballard v. Carlson, 882

    This court reviews a decision

    to dismiss under Rule 41(b) for abuse of discretion.

    Id. at 95.

    We have reviewed the district courts orders and conclude that


    they do not explicitly order Bey to file an amended complaint.
    Thus, the district courts dismissal was an abuse of discretion.
    Accordingly,

    we

    grant

    leave

    to

    proceed

    in

    forma

    pauperis, vacate the dismissal order of the district court, and


    remand

    the

    motions

    for

    evidence.
    legal

    action
    bail

    for

    further

    pending

    proceedings.

    release

    and

    to

    We
    amend

    deny
    claims

    Beys
    and

    We dispense with oral argument because the facts and

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.
    VACATED AND REMANDED

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