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  • Carlton Earnest Read v. Robert R. Kelly, 843 F.2d 1388, 4th Cir. (1988)

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes a district court's dismissal of a 42 U.S.C. Section 1983 civil rights action brought by Carlton Earnest Read against Robert R. Kelly for Read's failure to pay the assessed filing fee. The Court of Appeals found that the district court properly followed the procedures for dismissal outlined in an earlier case and did not abuse its discretion in dismissing the action without prejudice. The appeals court denied Read's request to proceed in forma pauperis and dismissed the appeal.

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    Filed: 1988-04-06 Precedential Status: Non-Precedential Citations: 843 F.2d 1388 Docket: 88-7009

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes a district court's dismissal of a 42 U.S.C. Section 1983 civil rights action brought by Carlton Earnest Read against Robert R. Kelly for Read's failure to pay the assessed filing fee. The Court of Appeals found that the district court properly followed the procedures for dismissal outlined in an earlier case and did not abuse its discretion in dismissing the action without prejudice. The appeals court denied Read's request to proceed in forma pauperis and dismissed the appeal.

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    3 views1 page

    Carlton Earnest Read v. Robert R. Kelly, 843 F.2d 1388, 4th Cir. (1988)

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes a district court's dismissal of a 42 U.S.C. Section 1983 civil rights action brought by Carlton Earnest Read against Robert R. Kelly for Read's failure to pay the assessed filing fee. The Court of Appeals found that the district court properly followed the procedures for dismissal outlined in an earlier case and did not abuse its discretion in dismissing the action without prejudice. The appeals court denied Read's request to proceed in forma pauperis and dismissed the appeal.

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    of 1

    843 F.

    2d 1388
    Unpublished Disposition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.
    Carlton Earnest READ, Plaintiff-Appellant,
    v.
    Robert R. KELLY, Defendant-Appellee.
    No. 88-7009.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Feb. 23, 1988.
    Decided: April 6, 1988.

    Carlton Earnest Read, appellant pro se.


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

    Carlton Read 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 dispositive issues recently have been decided authoritatively. Read
    v. Kelly, C/A No. 88-1A-R (E.D.Va. Dec. 24, 1987).

    DISMISSED.

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