UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7132

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 Dis- trict of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-95-408-2)

Submitted: November 26, 1996 Decided: December 17, 1996

Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, 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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 requiring him to

pay a partial filing fee in order to pursue his complaint filed

under

(1994). This issue has already been resolved

against Appellant. Deutsch v. United States Dep't of Justice, No. 95-7928 (4th Cir. Apr. 29, 1996) (unpublished). We have reviewed

the record and the district court's order and find that this appeal

is frivolous. Accordingly, we dismiss the appeal pursuant to

(d) (1994), as amended by Prison Reform Litigation Act

of 1996,

Stat. 1321. 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

2