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  • Gary Teague v. Luther Pike, Nathan A. Rice, Gary Dixon, 842 F.2d 1292, 4th Cir. (1988)

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    The United States Court of Appeals for the Fourth Circuit dismissed Gary Teague's appeal of a district court's dismissal of his 42 U.S.C. § 1983 action for failure to pay the assessed filing fee. The Court of Appeals found that the district court properly followed the procedures for assessing fees and dismissing the action without prejudice when fees are not paid. The dismissal was without prejudice, so Teague could refile the action if he chose. The Court of Appeals denied Teague's request to proceed in forma pauperis and dismissed the appeal.

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    Filed: 1988-03-16 Precedential Status: Non-Precedential Citations: 842 F.2d 1292 Docket: 87-6577

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    The United States Court of Appeals for the Fourth Circuit dismissed Gary Teague's appeal of a district court's dismissal of his 42 U.S.C. § 1983 action for failure to pay the assessed filing fee. The Court of Appeals found that the district court properly followed the procedures for assessing fees and dismissing the action without prejudice when fees are not paid. The dismissal was without prejudice, so Teague could refile the action if he chose. The Court of Appeals denied Teague's request to proceed in forma pauperis and dismissed the appeal.

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    4 views2 pages

    Gary Teague v. Luther Pike, Nathan A. Rice, Gary Dixon, 842 F.2d 1292, 4th Cir. (1988)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Gary Teague's appeal of a district court's dismissal of his 42 U.S.C. § 1983 action for failure to pay the assessed filing fee. The Court of Appeals found that the district court properly followed the procedures for assessing fees and dismissing the action without prejudice when fees are not paid. The dismissal was without prejudice, so Teague could refile the action if he chose. The Court of Appeals denied Teague's request to proceed in forma pauperis and dismissed the appeal.

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    of 2

    842 F.

    2d 1292
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Gary TEAGUE, Plaintiff-Appellant,
    v.
    Luther PIKE, Nathan A. Rice, Gary Dixon, DefendantsAppellees.
    87-6577.

    United States Court of Appeals, Fourth Circuit.


    March 16, 1988.

    Gary Teague, appellant pro se.


    Before WIDENER, SPROUSE, and WILKINSON, Circuit Judges.
    PER CURIAM:

    Gary Teague appeals the district court's dismissal of his 42 U.S.C. Sec. 1983
    action for failure to pay the assessed filing fee. Finding that the district court
    properly complied with the procedures approved in Evans v. Croom, 650 F.2d
    521 (4th Cir.1981), cert. denied, 454 U.S. 1153 (1982), and did not abuse its
    discretion in dismissing the action without prejudice, we deny leave to proceed
    in forma pauperis and dismiss the appeal.

    We note that the district court's disposition is without prejudice. Teague is free
    to start the process over if he so chooses.

    We dispense with oral argument because the dispositive issues recently have
    been decided authoritatively.

    DISMISSED.

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