Smith v. Trotter

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6091 TAYLOR WARREN SMITH, Plaintiff - Appellant, versus MISS TROTTER, Counselor, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-95-783) Submitted: May 16, 1996 Decided: June 4, 1996 Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Taylor Warren Smith, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the district court's order dismissing his 42 U.S.C. § 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. We have reviewed the record and the district court's opinion accepting the magistrate judge's recommendation, and find no abuse of discretion. We therefore deny leave to proceed in forma pauper- is and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED 2