Unpublished Dispositiondavid Alan Richardson, Plaintiff-appellant, v. Edward W. Murray; E.c. Morris; Fred E. Jordan; Gwen Thomas;j. Edmonds; W.p. Rogers, Defendants-appellees, 823 F.2d 548 (4th Cir. 1987)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 823 F.2d 548 (4th Cir. 1987) Submitted April 17, 1987. Decided June 24, 1987

David Alan Richardson, appellant pro se.

Before SPROUSE, ERVIN and WILKINS, Circuit Judges.


David Richardson filed a 42 U.S.C. § 1983 civil rights suit alleging denial of due process during disciplinary proceedings. He petitioned for in forma pauperis status. A partial fee of $48.39 was assessed, and upon nonpayment within 30 days, the case was dismissed.

Like any litigant, a pro se litigant may be forced to answer the question whether the issue at suit is worth the cost of pursuing the claim. Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982). The granting of in forma pauperis status is within the sound discretion of the district judge. Dillard v. Liberty Loan Corp., 626 F.2d 363, 364 (4th Cir. 1980). The filing fee is precisely 15% of the funds deposited in Richardson's inmate account over the past six months. See Evans v. Croom, supra. Richardson did not object to the assessment of the fee, nor did he cite special circumstances explaining why the filing fee was unfair or excessive.

We therefore deny leave to file in forma pauperis and dismiss the appeal. Because the dispositive issues have recently been decided authoritatively, we dispense with oral argument.