Jerrell Berger v. Robert Adams ( 2019 )


Menu:
  •            Case: 18-14894   Date Filed: 08/13/2019   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 18-14894
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 1:18-cv-02859-SCJ
    JERRELL BERGER,
    Petitioner-Appellant,
    versus
    ROBERT ADAMS,
    Warden,
    Respondent-Appellee.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Georgia
    ________________________
    (August 13, 2019)
    Before MARCUS, JILL PRYOR, and ANDERSON, Circuit Judges.
    PER CURIAM:
    Case: 18-14894     Date Filed: 08/13/2019   Page: 2 of 2
    Jerrell Berger, a Georgia state prisoner proceeding pro se, appeals the
    district court’s dismissal, without prejudice, of his 
    28 U.S.C. § 2254
     habeas corpus
    petition for his failure to comply with a court order. He argues the merits of his
    habeas petition, contending that he received ineffective assistance of counsel.
    We generally review de novo a district court’s dismissal of a § 2254 petition.
    Clark v. Crosby, 
    335 F.3d 1303
    , 1307 (11th Cir. 2003). However, where a district
    court dismisses an action for failure to comply with court rules, we review for
    abuse of discretion. Betty K Agencies, Ltd. v. M/V Monada, 
    432 F.3d 1333
    , 1337
    (11th Cir. 2005). While we construe briefs filed by pro se litigants liberally,
    “issues not briefed on appeal by a pro se litigant are deemed abandoned.” Timson
    v. Sampson, 
    518 F.3d 870
    , 874 (11th Cir. 2008) (per curiam).
    Here, because Berger failed to address the dismissal of his case—the only
    appealable issue—he has abandoned any argument regarding the dismissal, and
    thus, we affirm.
    AFFIRMED.
    2
    

Document Info

Docket Number: 18-14894

Filed Date: 8/13/2019

Precedential Status: Non-Precedential

Modified Date: 8/13/2019