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    This document summarizes two appeals from the United States District Court for the Eastern District of Virginia regarding a 42 U.S.C. § 1983 complaint filed by Roy Lee Perry and Elliott Gaines against prison officials. The district court dismissed the complaint as to Perry for failure to pay filing fees and dismissed the complaint as to Gaines on the merits. The appeals court denied Perry's request to proceed in forma pauperis and dismissed his appeal. For Gaines' appeal of the denial of reconsideration, the appeals court affirmed the district court's ruling, finding no abuse of discretion.

    Original Description:

    Filed: 1996-06-27 Precedential Status: Non-Precedential Docket: 95-7882

    Original Title

    Perry v. Jabe, 4th Cir. (1996)

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    This document summarizes two appeals from the United States District Court for the Eastern District of Virginia regarding a 42 U.S.C. § 1983 complaint filed by Roy Lee Perry and Elliott Gaines against prison officials. The district court dismissed the complaint as to Perry for failure to pay filing fees and dismissed the complaint as to Gaines on the merits. The appeals court denied Perry's request to proceed in forma pauperis and dismissed his appeal. For Gaines' appeal of the denial of reconsideration, the appeals court affirmed the district court's ruling, finding no abuse of discretion.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    3 views4 pages

    Unpublished

    Uploaded by

    Scribd Government Docs
    This document summarizes two appeals from the United States District Court for the Eastern District of Virginia regarding a 42 U.S.C. § 1983 complaint filed by Roy Lee Perry and Elliott Gaines against prison officials. The district court dismissed the complaint as to Perry for failure to pay filing fees and dismissed the complaint as to Gaines on the merits. The appeals court denied Perry's request to proceed in forma pauperis and dismissed his appeal. For Gaines' appeal of the denial of reconsideration, the appeals court affirmed the district court's ruling, finding no abuse of discretion.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-7882

    ROY LEE PERRY, II-Bey,


    Plaintiff - Appellant,
    and
    ELLIOTT GAINES,
    Plaintiff,
    versus
    JOHN JABE, Warden; P. A. TERRANGI; D. A. SWETTER,
    Defendants - Appellees.

    No. 96-6446

    ELLIOTT GAINES,
    Plaintiff - Appellant,
    and
    ROY LEE PERRY,
    Plaintiff,
    versus
    JOHN JABE, Warden; P. A. TERRANGI; D. A. SWETTER,
    Defendants - Appellees.

    Appeals from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
    District Judge. (CA-95-851-AM)
    Submitted:

    June 20, 1996

    Decided:

    June 27, 1996

    Before HALL, WILKINS, and HAMILTON, Circuit Judges.


    No. 95-7882 dismissed and No. 96-6446 affirmed by unpublished per
    curiam opinion.
    Roy Lee Perry, Elliott Gaines, Appellants Pro Se. Lance Bradford
    Leggitt, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
    Virginia; David Ernest Boelzner, WRIGHT, ROBINSON, OSTHIMER &
    TATUM, Richmond, Virginia, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellants appeal the district court's orders dismissing their
    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
    action as to Roy Lee Perry without prejudice when he failed to
    comply with the fee order. Finding no abuse of discretion, we deny
    Perry leave to proceed in forma pauperis and dismiss appeal No. 957882. We deny Perry's motion to appoint counsel.
    The district court dismissed the action as to Elliott Gaines
    on the merits. Gaines moved for reconsideration, and the district
    court denied the motions. Gaines filed a notice of appeal which was
    only timely to the order denying reconsideration. Because we find
    upon a review of the record that the district court did not abuse
    its discretion in denying reconsideration, we affirm appeal No. 966446 on the reasoning of the district court. Gaines v. Jabe, No.
    CA-95-851-AM (E.D. Va. Jan. 25 & Feb. 8, 1996). 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.

    No. 95-7882 - DISMISSED


    No. 96-6446 - AFFIRMED

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