Kevin Burke, Plaintiff-appellant, v. Robert M. Gates, Defendant-appellee.kevin Burke, Plaintiff-appellant, v. Robert M. Gates, Defendant-appellee, 991 F.2d 787 (4th Cir. 1993)

OPINION

Kevin Burke, a New Jersey inmate, filed this federal civil rights action against the Director of the Central Intelligence Agency (CIA) 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. 1153 (1982), and dismissed the case without prejudice when Burke failed to comply with the fee order. In No. 93-6213, Burke appeals this dismissal. Finding no abuse of discretion, we deny Burke leave to proceed in forma pauperis and dismiss the appeal in No. 93-6213.

In Nos. 92-7030 and 92-8079, Burke appeals the district court's denial of his renewed motion for injunctive relief. The district court denied a temporary restraining order or a preliminary injunction because Burke failed to show any irreparable harm if an injunction were not issued. This finding is overturned on appeal only if clearly erroneous. Blackwelder Furniture Co. v. Seilig Mfg. Co., 550 F.2d 189, 196 (4th Cir. 1977). Denial of injunctive relief is reviewed on appeal for abuse of discretion. South Carolina Dep't of Wildlife & Marine Resources v. Marsh, 866 F.2d 97, 99-100 (4th Cir. 1989). We grant Burke's petition to appeal in No. 92-8079. Because the district court did not abuse its discretion in denying injunctive relief, we deny Burke leave to proceed in forma pauperis and dismiss his appeal in No. 92-7030.

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.

Nos. 93-6213 and 92-7030, DISMISSED No. 92-8079, PETITION GRANTED