U.S. Court of Appeals for the Fourth Circuit, 1992

Benjamin B. Janey v. Captain Parker

Benjamin B. Janey v. Captain Parker
U.S. Court of Appeals for the Fourth Circuit · Decided September 24, 1992
976 F.2d 726; 1992 U.S. App. LEXIS 35983; 1992 WL 235565 (Federal Reporter, Second Series)

Benjamin B. Janey v. Captain Parker

Opinion

976 F.2d 726

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Benjamin B. JANEY, Plaintiff-Appellant,
v.
Captain PARKER, Defendant-Appellee.

No. 92-6749.

United States Court of Appeals,
Fourth Circuit.

Submitted: August 31, 1992
Decided: 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:

1

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

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