Jeffrey Dyson, Appellant, v. Commonwealth of Virginia, Appellee, 801 F.2d 393 (4th Cir. 1986)

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U.S. Court of Appeals for the Fourth Circuit - 801 F.2d 393 (4th Cir. 1986) Submitted July 8, 1986. Decided Sept. 25, 1986

Jeffrey Dyson, appellant pro se.

Stephen Douglas Rosenthal, Office of the Attorney General,f or appellee.

E.D. Va.


Before RUSSELL and WIDENER, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Virginia inmate Jeffrey Dyson filed a complaint pursuant to 42 U.S.C. § 1983 to redress alleged violations of his constitutional rights. In accordance with Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982), the district court, by order of May 1, 1986, assessed a partial filing fee against Dyson and advised Dyson that any objections to the assessment were to be filed within twenty days. Not having received any objections within the specified time period, the district court dismissed the action on May 28, 1986.

We vacate and remand. Dyson mistakenly filed his objections in this Court on May 8, 1986. The objections were transmitted to the district court and filed there on May 29, 1986. The district court should treat the objections as if timely filed below and, on remand, should consider Dyson's objections to the fee assessment.

Because our review of the record and other materials before us indicates that it would not significantly aid the decisional process, we dispense with oral argument.