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943 F.2d 48

Docket No. 91-6071.

Harold A. Birch, Sr. v. Edward W. Murray, Department of Corrections, Chairman of the Central Classification Board, Ms. Wilson, Counselor

Fourth Circuit Court of Appeals

Submitted July 17, 1991. Decided Aug. 26, 1991.

Fourth Circuit Court of Appeals · decided 1991-08-26

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 · John T. Copley, Wanda Copley v. State Automobile Mutual Insurance Company, and State Auto Property and Casualty Insurance Company

Opinion by Per Curiam · Decided 1991-08-26

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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-90-695-AM)

Harold A. Birch, Sr., appellant pro se.

E.D.Va.

AFFIRMED.

Before K.K. HALL, MURNAGHAN and WILKINS, Circuit Judges.

OPINION

PER CURIAM:

¶1

Harold A. Birch, Sr. appeals the district court's dismissal of this 42 U.S.C. § 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 affirm the district court's order. 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

AFFIRMED.

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