Public-domain · open source

21 F.3d 424

Docket No. 94-6050.

Sowell v. Smith W

Fourth Circuit Court of Appeals

Submitted March 29, 1994. Decided April 19, 1994.

Fourth Circuit Court of Appeals · decided 1994-04-19

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Denton v. Hernandez · Oliver S. Travers, Jr. Mary J. Travers v. Commissioner of the Internal Revenue Service, Leonard O. Gerber Pauline K. Gerber v. Commissioner of the Internal Revenue Service, Mark A. Abeshouse v. Commissioner of the Internal Revenue Service, William H. Schaeffer Francis D. Schaeffer v. Commissioner of the Internal Revenue Service, Barry M. Pachino Judith Pachino v. Commissioner of the Internal Revenue Service, Apparel Associates v. Commissioner of the Internal Revenue Service, Donovan M. Hamm, Jr. Linda Hamm v. Commissioner of the Internal Revenue Service, Frances D. Schaefer v. Commissioner of the Internal Revenue Service, William H. Schaefer v. Commissioner of the Internal Revenue Service, Arthur T. Ward Dorothy M. Ward v. Commissioner of the Internal Revenue Service, Sidney Zulver Doris Zulver v. Commissioner of the Internal Revenue Service, Julius Zulver Selma Zulver v. Commissioner of the Internal Revenue Service, Dennis W. Townsend Susan A. Townsend v. Commissioner of the Internal Revenue Service, Townsend & Company, Incorporated & Subsidiary v. Commissioner of the Internal Revenue Service, Hanan Sibel Carole Sibel v. Commissioner of the Internal Revenue Service, Murray I. Resnick Ellen M. Resnick v. Commissioner of the Internal Revenue Service, William Z. Fox Myra L. Fox v. Commissioner of the Internal Revenue Service, David Fox Sheila F. Fox v. Commissioner of the Internal Revenue Service, Jack L. Baylin Gail B. Baylin v. Commissioner of the Internal Revenue Service, David B. Hoffberger Janet S. Hoffberger v. Commissioner of the Internal Revenue Service, James W. Shaw Barbara G. Shaw v. Commissioner of the Internal Revenue Service, David J. Quigley Mary Lou Quigley v. Commissioner of the Internal Revenue Service, David L. Seagren, Individually and as Independent Administrator of the Estate of Dorothy P. Seagren Estate of Dorothy P. Seagren v. Commissioner of the Internal Revenue Service, Albert E. Thompson, Jr. Nancy L. Thompson v. Commissioner of the Internal Revenue Service

Opinion by Per Curiam · Decided 1994-04-19

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished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 District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA-93-3709-JFM)

Scott Sowell, appellant pro se.

Joan Bossman Gordon, Office of the Attorney General of Maryland, Baltimore, MD, for appellees.

D.Md.

AFFIRMED.

Before WIDENER, PHILLIPS, and LUTTIG, Circuit Judges.

PER CURIAM:

Scott Sowell appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. The district court dismissed the action because its earlier order granting Sowell in forma pauperis status was improvidently entered based on Sowell's submission of inaccurate information concerning his financial status. Finding no abuse of discretion, we grant leave to proceed on appeal in forma pauperis, and affirm the district court's order. We note that the district court's dismissal of Sowell's complaint does not prejudice his filing of a paid complaint making the same allegations. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). 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