Rodney Lee Carroll v. George Trent, Warden

59 F.3d 165, 1995 U.S. App. LEXIS 23232, 1995 WL 370439

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 22, 1995
• Docket: 95-6134
• Status: Published

Opinion

59 F.3d 165
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Rodney Lee CARROLL, Plaintiff--Appellant,
v.
George TRENT, Warden, Defendant--Appellee.

No. 95-6134.

United States Court of Appeals, Fourth Circuit.

Submitted: May 18, 1995.
Decided: June 22, 1995.

Rodney Lee Carroll, Appellant Pro Se.

N.D.W.Va.

DISMISSED.

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, 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 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.