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917 F.2d 1301

Docket No. 90-6144.

Henry Pendleton Hamm, Jr. v. Edward K. Carpenter, Commonwealth of Goochland County, Virginia

Fourth Circuit Court of Appeals

Submitted Oct. 29, 1990. Decided Nov. 13, 1990. Rehearing Denied Dec. 5, 1990.

Fourth Circuit Court of Appeals · decided 1990-12-05

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 · Katherine A. Blevins, Widow of William Blevins v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Opinion by Per Curiam · Decided 1990-12-05

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Richmond. James R. Spencer, District Judge. (CA-90-545A-R)

Henry Pendleton Hamm, Jr., appellant pro se.

E.D.Va.

DISMISSED.

Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.

PER CURIAM:

¶1

Henry Pendleton Hamm, Jr. appeals the district court's dismissal of this 42 U.S.C. Sec. 1983 action for failure to pay the assessed filing fee. Finding that the district court properly complied with the procedures approved in Evans v. Croom, 650 F.2d 521 (4th Cir.1981), cert. denied, 454 U.S. 1153 (1982), and did not abuse its discretion in dismissing the action without prejudice, 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.

¶2

DISMISSED.

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