(DOWNLOAD) "Chichester v. Powell" by Fourth Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Chichester v. Powell
- Author : Fourth Circuit U.S. Court Of Appeals
- Release Date : January 03, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Per Curiam: Melvin Chichester filed a complaint under 42 U.S.C. § 1983 (1988), and sought leave to proceed in forma pauperis. Because assessing a partial filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153, 71 L. Ed. 2d 309, 102 S. Ct. 1023 (1982), and E.D. Va. Loc. R. 28(C)(4), would exceed the statutory filing fee, the district court assessed a partial filing fee in an amount that was ten percent less than the statutory filing fee. Chichester did not pay the assessed fee but instead filed this appeal. This appeal is properly before us. Roberts v. United States Dist. Court, 339 U.S. 844, 845, 94 L. Ed. 1326, 70 S. Ct. 954 (1950). Finding no abuse of discretion, we deny leave to proceed in forma pauperis and dismiss the appeal on the reasoning of the district court. 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.