George H. Cleaver, Plaintiff-appellant, v. Mr. Huffman, Warden, Defendant-appellee, 902 F.2d 27 (4th Cir. 1990)Annotate this Case
Submitted April 2, 1990. Decided April 18, 1990
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., District Judge. (C/A No. 89-615-N)
George H. Cleaver, appellant pro se.
Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.
George H. Cleaver 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 contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.
Although the district court stated that the assessed partial filing fee was 20% of the total deposits in the six months preceding the filing of suit, the amount assessed was only 15% of these deposits, which was explicitly approved in Evans v. Croom