UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7388

ROBERT CARSWELL,

Petitioner - Appellant,

v.

TERRY O’BRIEN, Warden, USP Lee,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:09-cv-00191-jct-mfu)

Submitted: November 17, 2009 Decided: November 24, 2009

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert Carswell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Robert Carswell seeks to appeal the district court’s

order dismissing his

(2006) petition for a writ

of habeas corpus without prejudice for failure to comply with

the filing fee order. On appeal, we confine our review to

issues raised in the Appellant’s brief. See 4th Cir. Rule

34(b). Carswell’s brief fails to challenge the district court’s

dispositive conclusion that he failed to pay the filing fee for

his § 2241 petition. Accordingly, we affirm the order of the

district court. 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 in the

decisional process.

AFFIRMED

2