Hammond v. Northern Neck Regional Jail

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT WILLIE HAMMOND, III,  Plaintiff-Appellant, v.  No. 01-6482 NORTHERN NECK REGIONAL JAIL, Defendant-Appellee.  Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CA-01-8-3) Submitted: July 17, 2001 Decided: August 3, 2001 Before LUTTIG, MOTZ, and GREGORY, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. COUNSEL Willie Hammond, III, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 HAMMOND v. NORTHERN NECK REGIONAL JAIL OPINION PER CURIAM: Willie Hammond appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 2000) action without prejudice for failure to pay the initial partial filing fee required under the Prison Litigation Reform Act, 28 U.S.C.A. § 1915(b)(1)(A) (West Supp. 2000). Hammond claims that he was under the misimpression that his execution of a court-prepared consent form for the collection of fees from his prison account was sufficient to satisfy the fee requirement. Because it appears from the language of the consent form that Ham- mond’s belief was reasonable, we vacate the district court’s order dis- missing his action and remand so that Hammond may have a reasonable period in which to remit the partial filing fee. We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process. VACATED AND REMANDED