Edward A. Ganey, Jr., Plaintiff--appellant, v. Billie Postel, (r.n.), J.e. Osborne, Steve Cummings, Cliftondavenport, Doctor, Jay M. Barrington, H.l. Jackson, Marywittpenn, Fran Minshaw, Billy Lloyd, L.c. Snead, J.c.harris, Jr., Joseph L. Hamilton, Earl D. Beshears, Aaron J.johnson, Attorney General of North Carolina, Jacob L.safron, Sylvia Thibaut, Each in Their Official and Orindividual/personal Capacities, Defendants--appellees, 885 F.2d 864 (4th Cir. 1989)

Edward Ganey appeals the dismissal of his 42 U.S.C. § 1983 action for failure to pay the assessed filing fee. We find that the district court complied with the procedures approved in Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and did not abuse its discretion in declining to lower the fee. Pursuant to 28 U.S.C. § 2106, however, we modify the district court's judgment to reflect that the action is dismissed without prejudice. Ganey may refile his complaint upon payment of any new fee imposed.

Accordingly, the judgment of the district court is affirmed as modified.^*  We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not aid the decisional process.

AFFIRMED AS MODIFIED