9 F.
3d 1544
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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Jason Lamont TRUSTY, Plaintiff-Appellant,
v.
William RUCKER; Glenn Beech; Richard Bridgers,
Defendants-Appellees.
No. 93-6663.
United States Court of Appeals,
Fourth Circuit.
Submitted: October 25, 1993.
Decided: November 16, 1993.
Appeal from the United States District Court for the Eastern District of
Virginia, at Richmond.
Jason Lamont Trusty, Appellant Pro Se.
E.D.Va.
DISMISSED.
Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit
Judges.
PER CURIAM:
OPINION
1
Appellant filed suit under 42 U.S.C. 1983 (1988). The district court assessed a
filing fee pursuant to Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert.
denied, 454 U.S. 1153 (1982), and directed the Plaintiff to pay the fee or
explain any withdrawals or special circumstances warranting excuse from
payment. When Appellant failed to obey this order, the district court adopted
the recommendation of the magistrate judge and dismissed the case without
prejudice. Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989), cert. denied, 493
U.S. 1084 (1990). Plaintiff appeals. Finding no abuse of discretion, 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