Latif Rashe’d v. GENE JOHNSON, Director, Virginia Department of Corrections

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Latif Rashe’d appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2006) complaint without
prejudice for failure to pay the filing fee or to apply to
proceed in forma pauperis. We have reviewed the record and find
no reversible error. As the district court dismissed Rashe’d’s
complaint without 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. Rashe’d 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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