Thacker v. Thorton

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7263
JENNIFER D. THACKER,
Petitioner - Appellant,
versus
L. A. THORTON, Correctional Officer,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-98-439)
Submitted: October 30, 1998 Decided: December 23, 1998
Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jennifer D. Thacker, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jennifer D. Thacker appeals from the district court’s order
dismissing without prejudice her 42 U.S.C.A. § 1983 (West 1994 &
Supp. 1998) complaint. The district court dismissed Thacker’s com-
plaint without prejudice for failure to either pay the statutory
filing fee for the complaint or to return the “consent to col-
lection of fees” form required to qualify for in forma pauperis
status. Because a dismissal without prejudice is not generally
appealable, we dismiss the appeal. See Domino Sugar Corp. v. Sugar
Worker’s Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
We note that the district court incorrectly stated that
Thacker did not return the “consent to collection of fees.” The
record reflects that Thacker did return the form, but due to her
misunderstanding of the form, she returned it unsigned and attached
to a letter stating that she did not believe it applied to her.
Thacker may refile her § 1983 complaint and is reminded that she
must sign and complete a “consent to collection of fees” form in
order to qualify for in forma pauperis status. We also note that
the applicable statute of limitations will continue to run on her
claim. 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
2