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Bartley v. Covert3/22/2002
Submitted: February 8, 2002
ORDER
This 22nd day of March 2002, upon consideration of the parties' briefs and the record below, it appears to the Court that:
(1) The plaintiff-appellant, Alfred Bartley, filed this appeal from a Superior Court order, which dismissed his complaint for medical malpractice because Bartley failed to pay the required filing fee. The Superior Court previously had denied Bartley's motion to waive the filing fee and proceed in forma pauperis. Bartley claims on appeal that the Superior Court abused its discretion by refusing to waive the filing fee and for dismissing his complaint.
(2) Having carefully considered the parties' respective briefs, we find it manifest that the judgment of the Superior Court should be affirmed on the basis and for the reasons set forth in the Superior Court's well-reasoned letter order dated August 20, 2001. The Superior Court did not abuse its discretion in determining that Bartley had failed to establish that he was without resources to pay the filing fee.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
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