Robert Francis Smith, Jr., Plaintiff Appellant, v. F.w. Green, Warden; S.l. Batts, Assistant Warden, Oper.;d.l. Graham, Assistant Warden, Prog.; C.e.taylor, T.p.s., Defendants Appellees, 14 F.3d 596 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 14 F.3d 596 (4th Cir. 1994) Submitted Dec. 16, 1993. Decided Jan. 18, 1994

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Richard B. Kellam, Senior District Judge. (CA-93-682-2)

Robert Francis Smith, Jr., appellant pro se.

E.D. Va.

AFFIRMED.

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 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.

AFFIRMED.

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