Mai Chappel v. Spivey Shelton

U.S. Court of Appeals for the Fourth Circuit

Mai Chappel v. Spivey Shelton

Opinion

USCA4 Appeal: 22-1906 Doc: 6 Filed: 12/22/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1906

MAI CHAPPEL,

Plaintiff - Appellant,

v.

SPIVEY SHELTON; SARAH SPIVEY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, Chief District Judge. (2:22-cv-00174-MSD-LRL)

Submitted: December 20, 2022 Decided: December 22, 2022

Before NIEMEYER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Mai Chappel, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1906 Doc: 6 Filed: 12/22/2022 Pg: 2 of 2

PER CURIAM:

Mai Chappel appeals the district court’s order dismissing her civil complaint for

lack of subject matter jurisdiction. On appeal, we confine our review to the issues raised

in the informal brief. See 4th Cir. R. 34(b). Because Chappel’s informal brief does not

challenge the basis for the district court’s disposition, she 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.”). We therefore modify the district court’s dismissal order

to reflect that the dismissal is without prejudice, and we affirm the dismissal as modified.

See

28 U.S.C. § 2106

; Ali v. Hogan,

26 F.4th 587, 600

(4th Cir. 2022) (explaining that

dismissal for lack of subject matter jurisdiction must be without prejudice).

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 AS MODIFIED

2

Reference

Status
Unpublished