Phillip Wendell Taylor, Petitioner-appellant, v. Thomas R. Israel, Attorney General of the State of Virginia,respondents-appellees, 878 F.2d 379 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 878 F.2d 379 (4th Cir. 1989)

Submitted May 11, 1989. Decided June 20, 1989. Rehearing Denied July 27, 1989

Phillip Wendell Taylor, appellant pro se.

Mary Sue Terry, Attorney General, for appellees.

Before CHAPMAN and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Phillip Wendell Taylor seeks to appeal the district court's dismissal of this 28 U.S.C. § 2254 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 deny leave to proceed in forma pauperis, deny a certificate of probable cause to appeal, and dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.