UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7213

EMRICH C. KENNY,

Plaintiff - Appellant,

versus

P. A. TERRANGI, Warden; JOHN M. JABE, Warden; R. TILLER, Counselor,

Defendants - Appellees.

No. 99-7244

EMRICH C. KENNY,

Plaintiff - Appellant,

versus

P. A. TERRANGI, Warden; JOHN M. JABE, Warden, R. TILLER, Counselor,

Defendants - Appellees.

Appeals from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. James R. Spencer, District Judge. (CA-99-453)

Submitted: March 9, 2000 Decided: March 15, 2000 Before WILKINS, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Emrich C. Kenny, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

Emrich Kenny, a prisoner who has had three previous cases

dismissed as frivolous under the Prison Litigation Reform Act,1

(West Supp. 1999), filed two appeals from the

district court’s order denying his petition to proceed in forma

pauperis and dismissing without prejudice his

(West Supp. 1999) action for failure to pay the district court

filing fee. Kenny failed to allege any basis upon which to find

that he was in imminent danger of serious physical injury as a

result of any act or omission of Appellees, so he was not entitled

to proceed without prepayment of the filing fee.2 See

(g). Accordingly, we affirm the district court’s order. 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.

AFFIRMED

1 The cases previously dismissed as frivolous were: Kenny v. Terrangi, No. CA-97-52 (E.D. Va. July 1, 1998); Kenny v. Thompson, No. CA-98-100 (E.D. Va. June 23, 1998); Kenny v. Virginia, No. CA- 97-30 (E.D. Va. Sept. 29, 1997). 2 Kenny paid the filing fee for these appeals.

3