Ronald S. Hanks, Plaintiff Appellant, v. Warden Saunders; Correctional Officer Harris, Defendants Appellees, 14 F.3d 594 (4th Cir. 1994)
Annotate this CaseAppeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge.
Ronald S. Hanks, appellant pro se.
Mark Ralph Davis, Richmond, VA, for appellees.
W.D. Va.
DISMISSED.
Before HALL and NIEMEYER, Circuit Judges, and SPROUSE, Senior Circuit Judge.
PER CURIAM:
Appellant appeals the district court's order dismissing his 42 U.S.C. § 1983 (1988) complaint. 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 Appellant failed to comply with the fee order. 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.
Hanks asserts in his informal brief that he has complied with the district court's imposition of a filing fee by timely sending an executed income withholding form. These allegations were not raised before the district court. We do not consider such issues for the first time on appeal, but they may be submitted to the district court in a Fed. R. Civ. P. 60(b) motion
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