White v. Angelone

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6130
NORMAN E. WHITE,
Plaintiff - Appellant,
versus
RONALD J. ANGELONE, Director, Department of
Corrections; J. A. SMITH, Warden,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior
District Judge. (CA-96-1028-2)
Submitted: April 17, 1997 Decided: May 2, 1997
Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Norman E. White, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order dismissing with-
out prejudice his action under 42 U.S.C. § 1983 (1994). Before
Appellant's action could proceed, the district court ordered Ap-
pellant to sign and return a form consenting to the collection of
fees. Appellant failed to comply with this instruction. The
district court could properly require such collection under 28
U.S.C.A. § 1915 (West 1994 & Supp. 1997). Accordingly, its dis-
missal of the action, without prejudice, when Appellant failed to
comply with its order was not an abuse of discretion. We therefore
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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