Phuc Tran v. United States ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7243
PHUC VAN TRAN,
Petitioner – Appellant,
v.
UNITED STATES,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:15-hc-02222-BO)
Submitted: February 16, 2017 Decided: February 21, 2017
Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and
HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Phuc Van Tran, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Phuc Van Tran, a federal prisoner, appeals the district
court’s order dismissing without prejudice his 28 U.S.C. § 2241
(2012) petition as an improper § 2241 petition and/or an
unauthorized second or successive 28 U.S.C. § 2255 (2012)
motion. On appeal, we confine our review to the issues raised
in the Appellant’s brief. See 4th Cir. R. 34(b). Because
Tran’s informal brief does not challenge the basis for the
district court’s disposition, Tran has forfeited appellate
review of the court’s order. See Williams v. Giant Food Inc.,
370 F.3d 423, 430 n.4 (4th Cir. 2004). Accordingly, we grant
Tran’s motion to proceed in forma pauperis, deny his motion to
appoint counsel, and 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
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