UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-8595
CORNELIUS TUCKER, JR.,
Plaintiff - Appellant,
versus
CAPTAIN BRANKER; SERGEANT DINEHART,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, District
Judge. (CA-95-764-5-BR)
Submitted: July 25, 1996 Decided: August 12, 1996
Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Cornelius Tucker, Jr., 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Unpublished opinions are not binding precedent in this circuit.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. Finding no abuse of discretion, we deny leave to proceed in
forma pauperis and dismiss the appeal. We deny Appellant's motion
to disqualify the district judge. 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 deci-
sional process.
DISMISSED
2