Green v. Durboraw

U.S. Court of Appeals for the Fourth Circuit

Green v. Durboraw

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6379

GEORGIA GREEN,

Plaintiff - Appellant,

v.

GARY DURBORAW, Officer; SERGEANT MCCOY,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:06-cv-01608-PJM)

Submitted: December 16, 2008 Decided: December 22, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Georgia Green, Appellant Pro Se. Stephanie Judith Lane-Weber, Assistant Attorney General, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Georgia Green appeals the district court’s order

dismissing her civil action under

42 U.S.C. § 1983

(2000) for

failure to properly exhaust administrative remedies. In her

informal brief, Green fails to address this dispositive issue.

Therefore, Green has waived appellate review of that issue. See

4th Cir. R. 34(b) (limiting review to issues raised in the

informal brief); see also Edwards v. City of Goldsboro,

178 F.3d 231

, 241 n.6 (4th Cir. 1999) (finding failure to raise issue in

opening brief constituted abandonment of that issue).

Accordingly, we modify the district court’s order to reflect

that the dismissal is without prejudice, and affirm the order as

modified. See Green v. Durboraw, No. 8:06-cv-01608-PJM (D. Md.

Jan. 31, 2008). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED AS MODIFIED

2

Reference

Status
Unpublished