Calvin Tucker, Plaintiff-appellant, v. Herbert Parr, Manager; Benjamin Mitchell, Manager of Shop;david A. Williams, Warden, Defendants-appellees, 955 F.2d 42 (4th Cir. 1992)Annotate this Case
Submitted Feb. 3, 1992. Decided Feb. 14, 1992
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. John A. MacKenzie, Senior District Judge. (CA-91-298-N)
Calvin Tucker, appellant pro se.
Before WIDENER, HAMILTON and LUTTIG, Circuit Judges.
Calvin Tucker filed suit under 42 U.S.C. § 1983 (1988) and sought leave to proceed in forma pauperis. The district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and dismissed the case without prejudice when Plaintiff failed to comply with the fee order. Plaintiff appeals. Finding no abuse of discretion, 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.