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271 F. App'x 368

Smith v. Turner

U.S. Courts of Appeals

Decided April 1, 2008

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U.S. Courts of Appeals · decided 2008-04-01

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

Affirmed by unpublished PER CURIAM opinion · Decided 2008-04-01

PER CURIAM:

¶1 Arthur Lee Smith, Jr., appeals the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint for failure to pay the initial partial filing fee. In his informal appellate brief, Smith failed to address the district court’s basis for dismissing his case. Therefore, Smith has waived appellate review of that issue. See 4th Cir. R. 34(b) (“The Court will limit its review to the issues raised in the informal brief.”). Accordingly, we affirm. We deny as unnecessary Smith’s motion to proceed in forma pauperis on appeal and 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.

¶2 AFFIRMED.

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