Rashe'd v. Johnson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7667

LATIF RASHE’D,

Plaintiff – Appellant,

v.

GENE JOHNSON, Director, Virginia Department of Corrections; FRED SCHILLING, Medical Director, Virginia Department of Corrections; LAYTON LESTER, Warden, James River Correctional Center; WILLIAM V. PURCELL, Physician, James River Correctional Center; B. RAGLAND, Assistant Warden, James River Correctional Center,

Defendants – Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:09-cv-00571-AJT-IDD)

Submitted: April 22, 2010 Decided: April 26, 2010

Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Latif Rashe’d, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Latif Rashe’d appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2006) complaint without

prejudice for failure to pay the filing fee or to apply to

proceed in forma pauperis. We have reviewed the record and find

no reversible error. As the district court dismissed Rashe’d’s

complaint without prejudice, his remedy is to refile his

complaint along with an application to proceed in forma pauperis

or submit the required filing fee. Accordingly, we affirm for

the reasons stated by the district court. Rashe’d v. Johnson,

No. 1:09-cv-00571-AJT-IDD (E.D. Va. filed Aug. 3, 2009 & entered

Aug. 5, 2009). 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