Kyle v. Burney

U.S. Courts of Appeals

Decided March 11, 2002

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U.S. Courts of Appeals · decided 2002-03-11

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

Vacated and remanded by unpublished PER CURIAM opinion · Decided 2002-03-11

¶1 OPINION

PER CURIAM.

¶2 Frederick Kyle, a Virginia inmate, appeals the district court’s order dismissing without prejudice Kyle’s 42 U.S.C.A. § 1983 (West Supp.2001) action for failure to comply with a court order that Kyle file a form entitled “Consent to Collection of Fees.” The district court record contains such a consent form, which Kyle executed on June 25, 2001, and filed in the district court on August 6, 2001. In light of Kyle’s having filed the required form, we vacate the district court’s order and remand this matter for further proceedings. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before us and argument would not aid the decisional process.

¶3 VACATED AND REMANDED.