UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

JOHN R. BINNS,
Plaintiff-Appellant,

v.

E. M. TUCKER, Chairman, Virginia
                                                               No. 97-7242
Parole Board; RON ANGELONE,
Director, Virginia Department of
Corrections,
Defendants-Appellees.

Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
James C. Cacheris, District Judge.
(CA-97-159-AM)

Submitted: December 11, 1997

Decided: January 7, 1998

Before HALL and WILLIAMS, Circuit Judges, and
PHILLIPS, Senior Circuit Judge.

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Vacated and remanded by unpublished per curiam opinion.

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COUNSEL

John R. Binns, Appellant Pro Se.

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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

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OPINION

PER CURIAM:

John R. Binns appeals the district court's dismissal of his 42 U.S.C.
§ 1983 (1994) complaint for failure to pay a partial filing fee. By
order entered May 28, 1997, the district court directed Binns to pay
a partial filing fee within thirty days. Review of the district court
docket sheet establishes that the district court clerk's office received
payment on behalf of Binns on July 3, 1997. By order dated July 24,
1997, the district court dismissed Binns' action without prejudice for
failure to pay the partial filing fee. Because it is evident that Binns
in fact paid the partial filing fee ordered by the district court, we
vacate the district court's dismissal of his action for non-payment, and
remand the case for further proceedings.

We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the Court and
argument would not aid the decisional process.

VACATED AND REMANDED

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