977 F.2d 573: David M. Simms, Plaintiff-appellant, v. David Garraghty, Warden; Edward W. Murray, Director; Marysue Terry; Commonwealth Attorney, Defendants-appellees
United States Court of Appeals, Fourth Circuit. - 977 F.2d 573
Submitted: July 1, 1992Decided: October 16, 1992
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk.
David M. Simms, Appellant Pro Se.
William Rundahl Coleman, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.
Before WILKINS, HAMILTON, and WILLIAMS, Circuit Judges.
David M. Simms filed suit under 42 U.S.C. § 1983 (1988) and sought leave to proceed in forma pauperis. The district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and dismissed the case without prejudice when Plaintiff failed to comply with the fee order. Plaintiff appeals. Finding no abuse of discretion, we affirm the district court's order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.