Alvin Dale Barner, Petitioner-appellant, v. L.w. Hoffman, Warden; Commonwealth of Virginia; Attorneygeneral of the Commonwealth of Virginia,respondents-appellees

United States Court of Appeals, Fourth Circuit. - 894 F.2d 401Unpublished Disposition

Submitted: Oct. 30, 1989.Decided: Jan. 2, 1990.Rehearing Denied May 22, 1990

Alvin Dale Barner, appellant pro se.

Before DONALD RUSSELL, SPROUSE and CHAPMAN, Circuit Judges.

PER CURIAM:

1

Alvin Dale Barner 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, deny a certificate of probable cause to appeal, 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.

2

DISMISSED.