Phuc Tran v. United States

U.S. Court of Appeals for the Fourth Circuit

Phuc Tran v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-7243

PHUC VAN TRAN,

Petitioner – Appellant,

v.

UNITED STATES,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:15-hc-02222-BO)

Submitted: February 16, 2017 Decided: February 21, 2017

Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Phuc Van Tran, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Phuc Van Tran, a federal prisoner, appeals the district

court’s order dismissing without prejudice his

28 U.S.C. § 2241

(2012) petition as an improper § 2241 petition and/or an

unauthorized second or successive

28 U.S.C. § 2255

(2012)

motion. On appeal, we confine our review to the issues raised

in the Appellant’s brief. See 4th Cir. R. 34(b). Because

Tran’s informal brief does not challenge the basis for the

district court’s disposition, Tran has forfeited appellate

review of the court’s order. See Williams v. Giant Food Inc.,

370 F.3d 423

, 430 n.4 (4th Cir. 2004). Accordingly, we grant

Tran’s motion to proceed in forma pauperis, deny his motion to

appoint counsel, and 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

2

Reference

Status
Unpublished