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69 F.3d 533

Docket No. 95-7191.

Sutton v. Wymer

Fourth Circuit Court of Appeals

Submitted: October 12, 1995 Decided: October 26, 1995

Fourth Circuit Court of Appeals · decided 1995-10-26

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 · McCormick v. J Angelone Jl

Opinion by Per Curiam · Decided 1995-10-26

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Troy R. Sutton, Appellant Pro Se.

Before WILKINSON, NIEMEYER, and LUTTIG, Circuit Judges.

PER CURIAM:

¶1

Appellant appeals the district court's orders dismissing his 42 U.S.C. Sec. 1983 (1988) complaint and denying his motion for reconsideration. 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 materials before the court and argument would not aid the decisional process.

DISMISSED

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