Midgette v. Brenner

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6739
LINDA MIDGETTE,
Plaintiff - Appellant,
versus
MR. BRENNER, Assistant Nursing Director;
UNKNOWN KELLY, Nurse Practitioner, LPN,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-99-72-3)
Submitted: July 30, 1999 Decided: September 13, 1999
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Linda Midgette, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Linda Midgette appeals from the district court’s order dis-
missing her 42 U.S.C.A. § 1983 (West Supp. 1999) complaint without
prejudice for failure to comply with a district court order to sub-
mit a partial filing fee of $5.61 or state under penalty of perjury
that she lacked sufficient funds to pay such a fee. Finding no
abuse of discretion in the district court’s dismissal, we affirm on
the reasoning of the district court. See Midgette v. Brenner, No.
CA-99-72-3 (E.D. Va. May 10, 1999). We note, however, that the
remedy of a Fed. R. Civ. P. 60(b) motion remains available to
Midgette in which she may offer proof of timely compliance with the
district court’s order. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
AFFIRMED
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