Roger Persinger, Jr. v. Northern Regional Jail

U.S. Court of Appeals for the Fourth Circuit

Roger Persinger, Jr. v. Northern Regional Jail

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7284

ROGER DALE PERSINGER, JR.,

Plaintiff - Appellant,

v.

NORTHERN REGIONAL JAIL AND CORRECTIONAL FACILITY; DALE GRIFFITH, Unit Manager (NCF), sued in individual capacity; JAMES RUBENSTEIN, Commissioner Division of Corrections, sued in individual capacity; SYNTHIA GARDNER, Central Office Grievance Review, sued in individual capacity; DIANA MILLS, Counselor NNCF, sued in individual capacity; NANCY NINE, Counselor (NCF), sued in individual capacity; KAREN PSZCZOLKOWSKI, Warden (NCF), sued in individual capacity; BRANDY MILLER, Associate Warden of Programs, sued in individual capacity; JANE/JOHN DOE, Unknown Defendants Through Discovery,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:14-cv-00119-FPS-JSK)

Submitted: November 17, 2015 Decided: November 20, 2015

Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Roger Dale Persinger, Jr., Appellant Pro Se. John Eric Barchiesi, LAW OFFICES OF BERNARD J. KELLY, Pittsburgh, Pennsylvania, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Roger Dale Persinger, Jr., appeals the district court’s

order adopting the magistrate judge’s report and recommendation

and denying relief on his

42 U.S.C. § 1983

(2012) complaint. On

appeal, we confine our review to the issues raised in the

Appellant’s brief. See 4th Cir. R. 34(b). Here, the district

court dismissed the complaint based on Persinger’s failure to

exhaust administrative remedies, but Persinger does not

meaningfully address exhaustion in his informal brief on appeal.

Because Persinger’s informal brief does not challenge the basis

for the district court’s disposition, Persinger has forfeited

appellate review of the court’s order. Accordingly, we affirm

the district court’s judgment. 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

3

Reference

Status
Unpublished