U.S. Court of Appeals for the Fourth Circuit, 2021

Herbert Overton, Jr. v. Veteran Affairs Medical Center

Herbert Overton, Jr. v. Veteran Affairs Medical Center
U.S. Court of Appeals for the Fourth Circuit · Decided November 29, 2021

Herbert Overton, Jr. v. Veteran Affairs Medical Center

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-6438

HERBERT NORRIS OVERTON, JR., Plaintiff - Appellant, v. VETERAN AFFAIRS MEDICAL CENTER, Salem, VA, Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Senior District Judge. (7:20-cv-00697-GEC-PMS)

Submitted: November 23, 2021 Decided: November 29, 2021

Before NIEMEYER, FLOYD, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Herbert Norris Overton, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Herbert Norris Overton, Jr., appeals the district court’s order dismissing his action filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), without prejudice for failure to comply with the district court’s earlier order. On appeal, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because Overton’s informal brief does not challenge the basis for the district court’s disposition, he has forfeited appellate review of the court’s order. See Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”).

Accordingly, we affirm the district court’s order. 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

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