30 F3d 132 Vigue v. B Wright

30 F.3d 132

Jack Ray VIGUE, Plaintiff Appellant,
v.
Ellis B. WRIGHT, Chief Warden, Defendant Appellee.

No. 94-6567.

United States Court of Appeals, Fourth Circuit.

Submitted June 23, 1994.
Decided July 27, 1994.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-93-723)

Jack Ray Vigue, appellant Pro Se.

E.D.Va.

AFFIRMED.

Before MURNAGHAN and WILKINS, Circuit Judges, and SPROUSE, Senior Circuit Judge.

PER CURIAM:

1

Appellant appeals the district court's order that adopted the report and recommendation of a magistrate judge and dismissed his 42 U.S.C. Sec. 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 case without prejudice when Appellant failed to comply with the fee order. Finding no abuse of discretion, we affirm the district court's order. 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.

2

AFFIRMED.