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47 F.3d 1165

Docket No. 94-6914.

John Calvin Ruffin v. E. B. Wright, Warden Ronald J. Angelone, Director of the Virginia Department of Corrections

Fourth Circuit Court of Appeals

Submitted Jan. 19, 1995. Decided Feb. 14, 1995.

Fourth Circuit Court of Appeals · decided 1995-02-14

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

Relies on Truong Dinh Hung v. United States · Evans v. Croom · Tower South Property Owners Association v. Summey Building Systems Incorporated

Opinion by Per Curiam · Decided 1995-02-14

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Alexandria. Claude M. Hilton, District Judge. (CA-93-1481-AM)

E.D.Va.

DISMISSED.

John Calvin Ruffin, Appellant Pro Se.

Before WILKINS and MICHAEL, Circuit Judges, and SPROUSE, Senior Circuit Judge.

PER CURIAM:

¶1

Appellant appeals the district court's order denying his motion to reconsider a prior order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. The district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir.1981), cert. denied, 454 U.S. 1153 (1982), and dismissed the case without prejudice when Appellant failed to comply with the fee order. Finding no abuse of discretion, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the mate rials before the Court and argument would not aid the decisional process.

DISMISSED

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