Michael R. Wilson, Plaintiff-appellant, v. Pursey Smith, Officer; Lieutenant Mitchell, Defendants-appellees, 978 F.2d 1257 (4th Cir. 1992)

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U.S. Court of Appeals for the Fourth Circuit - 978 F.2d 1257 (4th Cir. 1992) Submitted: October 26, 1992Decided: November 13, 1992

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-91-765-CRT-BO)

Michael R. Wilson, Appellant Pro Se.

E.D.N.C.

Dismissed.

Before ERVIN, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

PER CURIAM:

OPINION

Michael R. Wilson 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 when Plaintiff failed to comply with the fee order. Plaintiff appeals. Finding no abuse of discretion, we deny leave to proceed in forma pauperis and dismiss the appeal.*  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.

DISMISSED

 *

We modify the district court's order to reflect that the dismissal was without prejudice. 28 U.S.C. § 2106 (1988)

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