United States of America, Plaintiff-appellee, v. Ricky Lee Jones, Defendant-appellant, 918 F.2d 956 (4th Cir. 1990)

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U.S. Court of Appeals for the Fourth Circuit - 918 F.2d 956 (4th Cir. 1990) Submitted Sept. 27, 1990. Decided Nov. 21, 1990

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Chief District Judge. (CA-89-1742-AM)

Ricky Lee Jones, appellant pro se.

E.D. Va.


Before K.K. HALL, PHILLIPS and SPROUSE, Circuit Judges.


Ricky Lee Jones appeals*  the district court's dismissal of this Federal Tort Claims 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 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.



We construe appellant's request for an extension of time to file a notice of appeal as a timely notice of appeal. We do so in deference to appellant's pro se status and because his request evinces an intent to appeal