Billy Ray Deloach, Plaintiff-appellant, v. David Garraghty, Warden; P.e. Alston, Officer, Defendants-appellees, 849 F.2d 604 (4th Cir. 1988)

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US Court of Appeals for the Fourth Circuit - 849 F.2d 604 (4th Cir. 1988) Submitted: April 27, 1988. Decided: June 14, 1988

Billy Ray DeLoach, appellant pro se.

Steven Douglas Rosenthal (Office of the Attorney General of Virginia), for appellees.

Before ERVIN and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Billy Ray DeLoach appeals the district court's dismissal of this 42 U.S.C. § 1983 action for failure to pay the assessed filing fee. Finding that the district court properly complied with the procedures approved in Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and did not abuse its discretion in dismissing the action without prejudice, we affirm the district court's order. We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not significantly aid the decisional process.