Tigress Sydney Acute McDaniel v. the State of North Carolina

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-2126
TIGRESS SYDNEY ACUTE MCDANIEL,
Plaintiff - Appellant,
v.
THE STATE OF NORTH CAROLINA; SOUTHERN ASSOCIATION OF
COLLEGES AND SCHOOLS COMMISSION ON COLLEGES; NORTH
CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY;
STEPHANIE D. LYNCH, in her individual and official capacity; KEITH
SCHIMMEL, in his individual and official capacity; KATHERINE MURPHY, in
her individual and official capacity; CHARLES WALDRUP, in his individual and
official capacity; SHERRI AVENT, in her individual and official capacity;
HAROLD MARTIN, in his individual and official capacity; DONNA EATON, in
her individual and official capacity; NICOLE PRIDE, in her individual and official
capacity; BERYL MCEWEN, in her individual and official capacity; CLAY
GLOSTER, in his individual and official capacity; BETHANY MEIGHEN, in her
individual and official capacity; VINCENT CHILDRESS, in his individual and
official capacity; OSEI YEBOAH, in his individual and official capacity;
TERRANCE W. THOMAS, in his individual and official capacity; MELISSA
HOLLOWAY, in her individual and official capacity; UNITED STATES
DEPARTMENT OF EDUCATION, Office of Civil Rights Division; THE
UNIVERSITY OF NORTH CAROLINA SYSTEM,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Graham C. Mullen, Senior District Judge. (3:21-cv-00425-GCM)
Submitted: May 24, 2022 Decided: May 26, 2022

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Before NIEMEYER, KING, and RICHARDSON, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tigress Sydney Acute McDaniel, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tigress Sydney Acute McDaniel appeals the district court’s order dismissing her
civil action without prejudice for failure to pay the filing fee. Prior to this, the court denied
McDaniel leave to proceed in forma pauperis (IFP) and afforded her 14 days to pay the
filing fee, which she did not. Because we conclude that the district court did not abuse its
discretion in denying McDaniel’s application to proceed IFP, see Dillard v. Liberty Loan
Corp., 626 F.2d 363, 364 (4th Cir. 1980) (providing standard of review), we discern no
error in the court’s order dismissing without prejudice McDaniel’s civil action for failing
to pay the filing fee. Accordingly, we affirm for the reasons stated by the district court.
McDaniel v. North Carolina, No. 3:21-cv-00425-GCM (W.D.N.C. Sept. 21, 2021). We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
AFFIRMED

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