Wilson v. Crouch ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7487
JOHN WILSON,
Plaintiff - Appellant,
v.
ROBERT P. CROUCH, JR., U.S. Attorney Western District of
Virginia; JOSEPH W.H. MOTT, Assistant U.S. Attorney, Western
District of Virginia; ALBERTO GONZALEZ, U.S. Attorney General;
JORGE L. PASTRANA, Warden F.C.I. Miami; GEORGE BUSH, President
of U.S.A.,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (7:07-cv-00433-jct)
Submitted: June 5, 2008 Decided: June 25, 2008
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John Wilson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Wilson appeals the district court’s order dismissing
without prejudice his complaint, which was construed as an action
pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971), for failure to state a claim upon
which relief could be granted. See 28 U.S.C. § 1915A(b)(1) (2000).
In his informal brief, Wilson fails to address the district court’s
ruling that his action could not proceed because a favorable
outcome of the lawsuit would undermine the validity of his
conviction, citing Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
Therefore, Wilson has waived appellate review of that issue. See
4th Cir. R. 34(b) (“The Court will limit its review to the issues
raised in the informal brief.”). Accordingly, we affirm the
district court’s ruling. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
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