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United States Court of Appeals, Fourth Circuit
United States Court of Appeals, Fourth Circuit
3d 316
Claude Hosch appeals the district court's order denying his petition to proceed
in forma pauperis. We vacate and remand with instructions.
Here, although the district court found that Hosch satisfied the poverty
requirement to proceed in forma pauperis, the court denied the petition based
upon consideration of the merits. We are not able to review the court's
determination that the complaint was frivolous based on the current record
because the district court did not file Hosch's complaint. Therefore, we find that
the district court abused its discretion.