917 F2d 1301 Bembry v. Commonwealth of Virginia
917 F.2d 1301
James Michael BEMBRY, Sr., Petitioner-Appellant,
COMMONWEALTH OF VIRGINIA, Respondent-Appellee.
United States Court of Appeals, Fourth Circuit.
Submitted Oct. 29, 1990.
Decided Nov. 13, 1990.
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., District Judge. (CA-MISC-90-128-N)
James Michael Bembry, Sr., appellant pro se.
Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.
James Michael Bembry, Sr., seeks to appeal the district court's dismissal of this 28 U.S.C. Sec. 2254 action for failure to pay the assessed filing fee. Finding that the district court properly complied with the procedures approved in Evans v. Croom, 650 F.2d 521 (4th Cir.1981), cert. denied, 454 U.S. 1153 (1982), and did not abuse its discretion in dismissing the action without prejudice, we deny leave to proceed in forma pauperis, deny a certificate of probable cause to appeal, 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.