UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

CORNELIUS TUCKER, JR.,
Plaintiff-Appellant,

v.

FRANCES STOREY, individually and in
her official capacity as Clerk of
Superior Court, Forsyth County;
                                                                    No. 95-7676
CECILIA GORDON, individually and in
her official capacity as Secretary of
Forsyth Court; T. J. FISHER,
individually and in his official
capacity as Deputy Clerk of
Superior Court,
Defendants-Appellees.

Appeal from the United States District Court
for the Middle District of North Carolina, at Winston-Salem.
N. Carlton Tilley, Jr., District Judge.
(CA-95-537)

Submitted: January 18, 1996

Decided: February 12, 1996

Before HAMILTON and LUTTIG, Circuit Judges, and
CHAPMAN, Senior Circuit Judge.

_________________________________________________________________

Dismissed by unpublished per curiam opinion. Judge Luttig wrote a
concurring opinion.

_________________________________________________________________
COUNSEL

Cornelius Tucker, Jr., Appellant Pro Se.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit.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

_________________________________________________________________

OPINION

PER CURIAM:

Appellant appeals from the district court's order adopting the mag-
istrate judge's report and recommendation and denying leave to file
a 42 U.S.C. § 1983 complaint for failing to comply with a pre-filing
injunction. We have reviewed the record and the district court's opin-
ion and find no reversible error. Accordingly, we deny leave to pro-
ceed in forma pauperis and dismiss on the reasoning of the district
court. Tucker v. Storey, No. CA-95-537 (M.D.N.C. Oct. 3, 1995). We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and argu-
ment would not aid the decisional process. Judge Luttig would
impose sanctions for abuse of the judicial process.

DISMISSED

_________________________________________________________________

LUTTIG, Circuit Judge, concurring:

Appellant has filed 123 appeals in this court between October 22,
1993, and today. I would impose sanctions against Appellant for
abuse of the judicial process.

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