Priscilla Penne Waugh, Plaintiff-appellant,and Barbara Ann Murphy, Plaintiff, v. R. Johnson, Sargeant; Danny Thompson, Defendants-appellees, 976 F.2d 729 (4th Cir. 1992)

Priscilla Penne Waugh and Barbara Ann Murphy filed suit under 42 U.S.C. § 1983 (1988) and sought leave to proceed in forma pauperis. The district court assessed a partial filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 153 (1982), and dismissed Waugh from the case when she failed to comply with the fee order. Although Waugh's appeal is interlocutory because Murphy's case is still active in the district court, the order denying in forma pauperis status is an appealable collateral order. Roberts v. United States Dist. Court, 339 U.S. 844, 845 (1950). 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