COSBY v. TOWN OF FARMVILLE JR 11 (2021)

United States Court of Appeals, Fourth Circuit.2021-09-17No. No. 21-1384

Summary · law.co

Holding. The district court's judgment was affirmed because Cosby failed to challenge the basis for the court's decision in his appellate brief, thereby forfeiting appellate review.

Thaddeus Darnell Cosby appealed a district court decision that denied his requests for additional time to serve defendants and to respond to a motion to dismiss in his civil rights lawsuit. On appeal, the Fourth Circuit reviewed only the issues Cosby raised in his informal brief, as required by circuit rules. Because Cosby's brief failed to contest the reasoning behind the district court's order, he forfeited his right to appellate review of that decision. The court declined to hear oral arguments, finding the written materials sufficient to resolve the appeal.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Preservation of issues for appeal through the informal brief requirement
Forfeiture of appellate review when grounds for lower court decision are not challenged
Denial of extensions for service of process and response to motion to dismiss

Procedural posture

Cosby appealed the district court's denial of his motions for extensions of time and the resulting dismissal of his claims against certain defendants in a section 1983 civil rights action.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Thaddeus Darnell Cosby appeals the district courts order denying his motions for extensions of time to serve his complaint on some Defendants and to file a response to other Defendants’ motion to dismiss in Cosbys 42 U.S.C. § 1983 action, and dismissing Cosbys claims against those Defendants.

On appeal, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because Cosbys informal brief does not challenge the basis for the district courts disposition, he has forfeited appellate review of the courts 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 courts 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

FOOTNOTES

FOOTNOTE

. As the district court has since disposed of Cosbys claims against the remaining Defendants in the action, we may consider his appeal of this order. See Houck v. Substitute Tr. Servs., Inc., 791 F.3d 473, 479 (4th Cir. 2015) (discussing doctrine of cumulative finality).

PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.