Latif Rashe'd v. Gene Johnson

Filing 402771238

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-00571-AJT-IDD. Copies to all parties and the district court/agency. [998325910] [09-7667]

Case: 09-7667

Document: 11

Date Filed: 04/26/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7667 LATIF RASHE'D, Plaintiff ­ Appellant, v. GENE JOHNSON, Director, Virginia Department of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 Affirmed by unpublished per curiam opinion.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 Rashe'd, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.

Case: 09-7667

Document: 11

Date Filed: 04/26/2010

Page: 2

PER CURIAM: Latif dismissing his Rashe'd 42 appeals the district court's order without

U.S.C.

§ 1983

(2006)

complaint

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 Rashe'd's his remedy is to refile his

prejudice,

complaint along with an application to proceed in forma pauperis or submit the required filing fee. Accordingly, we affirm for Rashe'd v. Johnson,

the reasons stated by the district court.

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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