UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT CORNELIUS TUCKER, JR., Plaintiff-Appellant, v. FRANCES STOREY, individually and in her official capacity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 _________________________________________________________________ Dismissed by unpublished per curiam opinion.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 _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit.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. 2