David Alexander, Plaintiff-appellant, v. Bruce L. Johnson, Correctional Officer, West Virginia Statepenitentiary; Bryan Kinney, Correctional Officer,west Virginia State Penitentiary,defendants-appellees, 902 F.2d 27 (4th Cir. 1990)Annotate this Case
Submitted April 2, 1990. Decided April 16, 1990
Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Chief District Judge. (C/A No. 89-187-E)
David Alexander, appellant pro se.
Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.
David Alexander 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 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 and dismiss the appeal. We 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.