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3 F. App'x 140

Duty v. Gentry

U.S. Courts of Appeals

Decided February 16, 2001

U.S. Courts of Appeals · decided 2001-02-16

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

Decided 2001-02-16

*141 PER CURIAM.

¶1 Kevin Duty appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint without prejudice for failure to pay the filing fee or return the consent to payment forms required under the Prison Litigation Reform Act. We have reviewed the record and the district court’s opinion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. Duty v. Gentry, No. CA-00-643-2 (E.D.Va. Dec. 11, 2000). 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.

¶2 DISMISSED.

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