UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7928

MELVIN P. DEUTSCH, Plaintiff - Appellant, versus UNITED STATES DEPARTMENT OF JUSTICE; UNITED STATES MARSHALS SERVICE, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-95-408-2)

Submitted: April 15, 1996 Decided: April 29, 1996

Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Melvin P. Deutsch, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order dismissing his 42 U.S.C. § 1983 (1988) complaint. 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 appellant appealed. Finding no abuse of discretion, we deny leave to proceed in forma pauperis and dismiss the appeal. Deutsch v. United States Dep't of Justice, No. CA-95-408-2 (E.D. Va. Nov. 9, 1995) We dis- pense 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