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  • Rashe'd v. Johnson, 4th Cir. (2010)

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    Latif Rashe'd appealed the district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint for failure to pay the filing fee or apply to proceed in forma pauperis. The appellate court reviewed the record and found no reversible error, as Rashe'd could simply refile his complaint along with the required fee or application. The district court's dismissal without prejudice was therefore affirmed.

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    Filed: 2010-04-26 Precedential Status: Non-Precedential Docket: 09-7667

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    Latif Rashe'd appealed the district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint for failure to pay the filing fee or apply to proceed in forma pauperis. The appellate court reviewed the record and found no reversible error, as Rashe'd could simply refile his complaint along with the required fee or application. The district court's dismissal without prejudice was therefore affirmed.

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    7 views2 pages

    Rashe'd v. Johnson, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    Latif Rashe'd appealed the district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint for failure to pay the filing fee or apply to proceed in forma pauperis. The appellate court reviewed the record and found no reversible error, as Rashe'd could simply refile his complaint along with the required fee or application. The district court's dismissal without prejudice was therefore affirmed.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-7667

    LATIF RASHED,
    Plaintiff Appellant,
    v.
    GENE JOHNSON, Director, Virginia Department of Corrections;
    FRED SCHILLING, Medical Director, Virginia Department of
    Corrections; LAYTON LESTER, Warden, James River Correctional
    Center;
    WILLIAM
    V.
    PURCELL,
    Physician,
    James
    River
    Correctional Center; B. RAGLAND, Assistant Warden, James
    River Correctional Center,
    Defendants Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Anthony John Trenga,
    District Judge. (1:09-cv-00571-AJT-IDD)

    Submitted:

    April 22, 2010

    Decided:

    April 26, 2010

    Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Latif Rashed, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Latif
    dismissing

    Rashed

    his

    42

    appeals

    U.S.C.

    the

    1983

    district

    (2006)

    courts

    complaint

    order
    without

    prejudice for failure to pay the filing fee or to apply to


    proceed in forma pauperis.
    no reversible error.
    complaint

    without

    We have reviewed the record and find

    As the district court dismissed Rasheds

    prejudice,

    his

    remedy

    is

    to

    refile

    his

    complaint along with an application to proceed in forma pauperis


    or submit the required filing fee.

    Accordingly, we affirm for

    the reasons stated by the district court.

    Rashed v. Johnson,

    No. 1:09-cv-00571-AJT-IDD (E.D. Va. filed Aug. 3, 2009 & entered


    Aug. 5, 2009).

    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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