Smith v. Turner, No. 07-7096 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7096 ARTHUR LEE SMITH, JR., Plaintiff - Appellant, v. GEORGE TURNER, Correctional Officer, Greensville Correctional Center; G. M. HINKLE, Chief Warden, Greensville Correctional Center; GENE M. JOHNSON, Director, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:07-cv-00133-REP) Submitted: March 27, 2008 Decided: April 1, 2008 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Arthur Lee Smith, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Arthur Lee Smith, Jr., appeals the district court s order dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint for failure to pay the initial partial filing fee. In his informal appellate brief, Smith failed to address the district court s basis for dismissing his case. review of that issue. its review to the Therefore, Smith has waived appellate See 4th Cir. R. 34(b) ( The Court will limit issues Accordingly, we affirm. raised in the informal brief. ). We deny as unnecessary Smith s motion to proceed in forma pauperis on appeal and 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 - 2 -

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