SMITH v. MARTINEZ

No. 83-2021 Summary Calendar.

706 F.2d 572 (1983)

Oss SMITH, Jr., Petitioner-Appellant, v. Alex MARTINEZ and W.J. Estelle, Jr., Director Texas Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 6, 1983.


Attorney(s) appearing for the Case

Oss Smith, Jr., pro se.

Jim Mattox, Atty. Gen., Iris J. Jones, Douglas M. Becker, Asst. Attys. Gen., Austin, Tex., for respondents-appellees.

Before GEE, RANDALL and TATE, Circuit Judges.


TATE, Circuit Judge:

Under the circumstances presented, we find no abuse of the trial court's discretion in its requirement that the in forma pauperis prisoner plaintiff pay partial filing and service fees totalling $3.00 from the next of the periodic deposits to be made in his prison account, finding also that the plaintiff was given adequate notice and time to comply with this requirement. We therefore affirm the dismissal of his suit for his failure to make such...

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