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  • Charles H. Jackson, Jr. v. Kiebush, Superintendent, 896 F.2d 546, 4th Cir. (1990)

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    Charles H. Jackson, Jr. filed a 42 U.S.C. § 1983 action against Kiebush, Superintendent which was dismissed by the district court for failure to pay the filing fee. The Fourth Circuit denied Jackson's request to proceed in forma pauperis and dismissed the appeal, finding that the district court properly followed the procedures for dismissal approved in Evans v. Croom for failure to pay fees and did not abuse its discretion in dismissing the action without prejudice. The Fourth Circuit dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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    Filed: 1990-02-06 Precedential Status: Non-Precedential Citations: 896 F.2d 546 Docket: 89-6350

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    Charles H. Jackson, Jr. filed a 42 U.S.C. § 1983 action against Kiebush, Superintendent which was dismissed by the district court for failure to pay the filing fee. The Fourth Circuit denied Jackson's request to proceed in forma pauperis and dismissed the appeal, finding that the district court properly followed the procedures for dismissal approved in Evans v. Croom for failure to pay fees and did not abuse its discretion in dismissing the action without prejudice. The Fourth Circuit dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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    Charles H. Jackson, Jr. v. Kiebush, Superintendent, 896 F.2d 546, 4th Cir. (1990)

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    Scribd Government Docs
    Charles H. Jackson, Jr. filed a 42 U.S.C. § 1983 action against Kiebush, Superintendent which was dismissed by the district court for failure to pay the filing fee. The Fourth Circuit denied Jackson's request to proceed in forma pauperis and dismissed the appeal, finding that the district court properly followed the procedures for dismissal approved in Evans v. Croom for failure to pay fees and did not abuse its discretion in dismissing the action without prejudice. The Fourth Circuit dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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    of 1

    896 F.

    2d 546
    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.
    Charles H. JACKSON, Jr., Plaintiff-Appellant,
    v.
    KIEBUSH, Superintendent, Defendant-Appellee.
    No. 89-6350.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Dec. 29, 1989.
    Decided: Feb. 6, 1990.

    Charles H. Jackson, Jr., appellant pro se.


    Before DONALD RUSSELL, K.K. HALL and CHAPMAN, Circuit
    Judges.
    PER CURIAM:

    Charles H. Jackson, Jr., appeals the district court's dismissal of this 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 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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