Dwight Charles Wishard v. United States
Dwight Charles Wishard v. United States
Opinion
Unpublished opinions are not binding precedent in this circuit.
Dwight Charles Wishard seeks to appeal the district court’s order adopting the recommendation of the magistrate judge and dismissing in part Wishard’s civil action and denying Wishard’s motion for injunc-tive relief. We dismiss in part and affirm in part.
This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The portion of the order that dismissed in part Wishard’s action is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss this part of the appeal for lack of jurisdiction.
However, we have jurisdiction over that portion of the order that denied Wishard’s motion for preliminary injunctive relief. See 28 U.S.C. § 1292(a)(1) (2012). On appeal, we confine our review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). Because Wishard’s informal brief does not challenge the basis for the district court’s disposition of this motion, Wishard has forfeited appellate review of that portion of the order. See Williams v. Giant Food Inc., 370 F.3d 423, 430 n.4 (4th Cir. 2004). Accordingly, we affirm the district court’s denial of injunctive relief.
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.
*101 DISMISSED IN PART; AFFIRMED IN PART
Case-law data current through December 31, 2025. Source: CourtListener bulk data.