Hornes v. Wendt

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 1, 2006
• Docket: 05-7111
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7111

MICHAEL ERIC HORNES,

Plaintiff - Appellant,

versus

KEVIN, WENDT, Warden; M. ARNOLD, Captain; D. BROWN, I.S.M.; A. TEMPLES, S.O.E.; YEAGER, Tech; M. VELTRI, Unit Manager; D. JONES, Case Manager; J. OSTEEN, Case Manager; R. REED, Counselor; J. MULLER, Officer; UNKNOWN MAIL ROOM WORKERS; T. PAGE, Officer; UNKNOWN OFFICERS; DEEDS, Counselor; M. WHINNERY, Officer; UNKNOWN SHU OFFICERS,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. W. Craig Broadwater, District Judge. (CA-04-261-1)

Submitted: January 26, 2006 Decided: February 1, 2006

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Eric Hornes, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Michael Eric Hornes appeals the district court’s order

dismissing his Bivens* action without prejudice for failure to pay

the filing fee in accordance with 28 U.S.C. § 1914 (2000). We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. See Hornes v.

Wendt, No. CA-04-261-1 (N.D.W. Va. July 7, 2005). 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.

AFFIRMED

* Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

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