Benjamin B. Janey, Plaintiff-appellant, v. Captain Parker, Defendant-appellee, 976 F.2d 726 (4th Cir. 1992)

Annotate this Case
U.S. Court of Appeals for the Fourth Circuit - 976 F.2d 726 (4th Cir. 1992) Submitted: August 31, 1992Decided: September 24, 1992

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Chief District Judge. (CA-92-164-AM)

Benjamin B. Janey, Appellant Pro Se.

E.D. Va.

DISMISSED.

Before SPROUSE and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


Benjamin B. Janey 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 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.

DISMISSED