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83 F.3d 417

Docket No. 95-7978.

Wallace v. Jm Jabe

Fourth Circuit Court of Appeals

Submitted: April 15, 1996. Decided; April 30, 1996.

Fourth Circuit Court of Appeals

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 · United States v. Madden

Opinion by Per Curiam ·

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Winfred Wallace, Appellant Pro Se.

Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

¶1

Appellant appeals the district court's order dismissing his 42 U.S.C. § 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. Wallace v. Jabe, No. CA-95-1067-AM (E.D.Va. Oct. 23, 1995). 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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