Robert Francis Smith, Jr. v. F.W. Green, Warden S.L. Batts, Assistant Warden, Oper. D.L. Graham, Assistant Warden, Prog. C.E. Taylor, T.P.S.

14 F.3d 596, 1994 U.S. App. LEXIS 5007, 1994 WL 10045

Opinion

14 F.3d 596
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Robert Francis SMITH, Jr., Plaintiff Appellant,
v.
F.W. GREEN, Warden; S.L. Batts, Assistant Warden, Oper.;
D.L. Graham, Assistant Warden, Prog.; C.E.
Taylor, T.P.S., Defendants Appellees.

No. 93-7125.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 16, 1993.
Decided Jan. 18, 1994.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Richard B. Kellam, Senior District Judge. (CA-93-682-2)

Robert Francis Smith, Jr., appellant pro se.

E.D.Va.

AFFIRMED.

Before HALL and NIEMEYER, Circuit Judges, and SPROUSE, Senior Circuit Judge.

PER CURIAM:

Appellant appeals the district court's order dismissing his 42 U.S.C. Sec. 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 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.

AFFIRMED.