JOHNSON v. JENKINS (2021)

United States Court of Appeals, Fourth Circuit.2021-05-28No. No. 21-6191

Summary · law.co

Holding. The appellate court affirmed the district court's dismissal order, concluding that because Johnson's informal brief failed to challenge the substantive basis for dismissal, he forfeited appellate review of that decision.

Johnson filed a civil rights lawsuit under federal law but failed to pay the required filing fee or request permission to proceed without payment based on financial hardship. The district court dismissed his case as a result. On appeal, Johnson submitted an informal brief but did not actually challenge the reasons the district court gave for throwing out his case. Because he did not raise arguments against the dismissal itself in his brief, he forfeited his right to have the appellate court review the district court's decision. The appellate court found that under its rules, it can only review issues that a party specifically addresses in the informal brief.

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

Key issues

Whether Johnson forfeited appellate review by failing to challenge the dismissal in his informal brief
Application of Fourth Circuit rules limiting appellate review to issues preserved in informal briefs
Failure to pay filing fee or request in forma pauperis status

Procedural posture

Johnson appealed the district court's order dismissing his § 1983 action for failure to pay the filing fee or move to proceed in forma pauperis.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Randolph Wakeem Johnson appeals the district courts order dismissing without prejudice his 42 U.S.C. § 1983 action for failure either to pay the filing fee or to move to proceed in forma pauperis. On appeal, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because Johnsons 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

PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.