Anthony Crowell, Petitioner-appellant, v. Edward W. Murray, Director, Virginia Department Ofcorrections, Respondent-appellee, 963 F.2d 367 (4th Cir. 1992)

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US Court of Appeals for the Fourth Circuit - 963 F.2d 367 (4th Cir. 1992)

Submitted May 4, 1992. Decided May 18, 1992

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk; No. CA-92-14-N, John A. MacKenzie, Senior District Judge.

Anthony Crowell, appellant pro se.

E.D. Va.


Before K.K. HALL, WILKINS and WILLIAMS, Circuit Judges.



Anthony Crowell filed suit under 28 U.S.C. § 2254 (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 Petitioner failed to comply with the fee order. Petitioner seeks to appeal. Finding no abuse of discretion, 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 facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.