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  • Jack v. Officer Flournoy, 4th Cir. (1999)

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    The United States Court of Appeals for the Fourth Circuit dismissed without prejudice an appeal by James L. Jack of the district court's dismissal of his 42 U.S.C. § 1983 complaint. The district court had dismissed Jack's complaint for his failure to either pay the filing fee or consent to having payments taken from his prison trust account. In his informal brief, Jack only discussed the substance of his complaint rather than addressing the grounds for dismissal. As a result, the Court of Appeals dismissed Jack's appeal as frivolous.

    Original Description:

    Filed: 1999-04-20 Precedential Status: Non-Precedential Docket: 99-6109

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    The United States Court of Appeals for the Fourth Circuit dismissed without prejudice an appeal by James L. Jack of the district court's dismissal of his 42 U.S.C. § 1983 complaint. The district court had dismissed Jack's complaint for his failure to either pay the filing fee or consent to having payments taken from his prison trust account. In his informal brief, Jack only discussed the substance of his complaint rather than addressing the grounds for dismissal. As a result, the Court of Appeals dismissed Jack's appeal as frivolous.

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    1 views2 pages

    Jack v. Officer Flournoy, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed without prejudice an appeal by James L. Jack of the district court's dismissal of his 42 U.S.C. § 1983 complaint. The district court had dismissed Jack's complaint for his failure to either pay the filing fee or consent to having payments taken from his prison trust account. In his informal brief, Jack only discussed the substance of his complaint rather than addressing the grounds for dismissal. As a result, the Court of Appeals dismissed Jack's appeal as frivolous.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-6109

    JAMES L. JACK,
    Plaintiff - Appellant,
    versus
    OFFICER FLOURNOY, Guard; OFFICER BROWN, Guard;
    OFFICER LEVESQUE, Guard; LIEUTENANT WERLIN,
    Shift Supervisor,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge.
    (CA-98-624)

    Submitted:

    April 15, 1999

    Decided:

    April 20, 1999

    Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    James L. Jack, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals the district courts order dismissing without prejudice his 42 U.S.C.A. 1983 (West Supp. 1998) complaint
    for his failure to either pay the filing fee or consent to collections being made from his prison trust fund.

    Appellants in-

    formal brief discusses only the substance of his complaint.


    therefore dismiss his appeal as frivolous.

    We

    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.

    DISMISSED

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