Michael Fortuna v. Mrs. Hoffman

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-7489

MICHAEL RAY FORTUNA,

Plaintiff - Appellant, v.

MRS. HOFFMAN, Medical Administrator; MRS. KROGAN, Assistant Medical Administrator; MR. DEWAYNE HENDRIX, Warden; MRS. CORBIN, Physical Assistant; MRS. SHAFFER, a/k/a N. Shafer, C.O.,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. John Preston Bailey, District Judge. (1:19-cv-00003-JPB)

Submitted: April 26, 2022 Decided: April 29, 2022

Before AGEE and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Michael Ray Fortuna, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Ray Fortuna appeals the district court’s order adopting the magistrate judge’s recommendation to dismiss with prejudice Fortuna’s complaint filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). On appeal, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because Fortuna’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 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