UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6149
MICKEY L. PHILLIPS,
Plaintiff - Appellant,
versus
DARNELY R. HODGE, Superintendent; WALTER J.
MINTON, Assistant Superintendent; CHARLES
DAVIS, Captain,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-01-569)
Submitted: April 11, 2002 Decided: May 10, 2002
Before WILKINS, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mickey L. Phillips, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mickey L. Phillips appeals from the district court’s order
dismissing without prejudice his 42 U.S.C.A. § 1983 (West Supp.
2001) complaint. The district court assessed an initial partial
filing fee in accordance with 28 U.S.C.A. § 1915(b)(1) (West Supp.
2001), and directed that Phillips submit evidence that he exhausted
his administrative remedies, and either pay the fee or submit a
statement under penalty of perjury that he had insufficient assets
to pay the fee. When Phillips failed to respond to this order, the
district court dismissed the case without prejudice. 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
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