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Woodson L. Frye v. Captain T. Craig Captain J. Hunter G. Mvgruder Patrick J. Gurney, 966 F.2d 1442, 4th Cir. (1992)

Woodson Frye filed a § 1983 lawsuit against prison officials and sought in forma pauperis status. The district court ordered Frye to pay a partial filing fee in accordance with Evans v. Croom. When Frye failed to pay the fee, the district court dismissed the case without prejudice. Frye appealed the dismissal. The Fourth Circuit affirmed the district court's order, finding no abuse of discretion. The Fourth Circuit dispensed with oral argument, as the facts and legal issues were clear based on the court materials.
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0% found this document useful (0 votes)
15 views2 pages

Woodson L. Frye v. Captain T. Craig Captain J. Hunter G. Mvgruder Patrick J. Gurney, 966 F.2d 1442, 4th Cir. (1992)

Woodson Frye filed a § 1983 lawsuit against prison officials and sought in forma pauperis status. The district court ordered Frye to pay a partial filing fee in accordance with Evans v. Croom. When Frye failed to pay the fee, the district court dismissed the case without prejudice. Frye appealed the dismissal. The Fourth Circuit affirmed the district court's order, finding no abuse of discretion. The Fourth Circuit dispensed with oral argument, as the facts and legal issues were clear based on the court materials.
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966 F.

2d 1442

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Woodson L. FRYE, Plaintiff-Appellant,
v.
Captain T. CRAIG; Captain J. Hunter; G. MvGruder; Patrick
J. Gurney, Defendants-Appellees.
No. 92-6432.

United States Court of Appeals,


Fourth Circuit.
Submitted: June 1, 1992
Decided: June 17, 1992

Appeal from the United States District Court for the Eastern District of
Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-91-802-A)
Woodson Frye, Appellant Pro Se.
Before PHILLIPS, WILKINSON, and LUTTIG, Circuit Judges.
OPINION
PER CURIAM:

Woodson Frye filed suit under 42 U.S.C. 1983 (1988) and sought leave to
proceed in forma pauperis. 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 Plaintiff failed to
comply with the fee order. Plaintiff appeals. 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.

AFFIRMED

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