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Shepard X. Morgan v. Ellis B. Wright, Warden, James E. Clark, Assistant Warden, Horace Gauldin, Major, 862 F.2d 314, 4th Cir. (1988)

Shepard X. Morgan filed a 42 U.S.C. § 1983 action against prison officials which was dismissed by the district court for failure to pay the filing fee. Morgan appealed the dismissal pro se. The Fourth Circuit affirmed the district court's dismissal, finding that the district court followed the proper procedures for assessing and collecting filing fees from indigent plaintiffs and did not abuse its discretion in dismissing the case without prejudice when the fee was not paid. The Fourth Circuit then dismissed Morgan's appeal.

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13 views1 page

Shepard X. Morgan v. Ellis B. Wright, Warden, James E. Clark, Assistant Warden, Horace Gauldin, Major, 862 F.2d 314, 4th Cir. (1988)

Shepard X. Morgan filed a 42 U.S.C. § 1983 action against prison officials which was dismissed by the district court for failure to pay the filing fee. Morgan appealed the dismissal pro se. The Fourth Circuit affirmed the district court's dismissal, finding that the district court followed the proper procedures for assessing and collecting filing fees from indigent plaintiffs and did not abuse its discretion in dismissing the case without prejudice when the fee was not paid. The Fourth Circuit then dismissed Morgan's appeal.

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862 F.

2d 314
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Shepard X. MORGAN, Plaintiff-Appellant,
v.
Ellis B. WRIGHT, Warden, James E. Clark, Assistant Warden,
Horace Gauldin, Major, Defendants-Appellees.
No. 88-6703.

United States Court of Appeals, Fourth Circuit.


Submitted July 29, 1988.
Decided Nov. 1, 1988.

Shepard X. Morgan, appellant pro se.


Before K.K. HALL and ERVIN, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
PER CURIAM:

Shepard X. Morgan 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 facts and legal arguments are adequately presented in the
materials before the Court and oral argument would not significantly aid the
decisional process.

DISMISSED.

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