Green v. Durboraw ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6379
GEORGIA GREEN,
Plaintiff - Appellant,
v.
GARY DURBORAW, Officer; SERGEANT MCCOY,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, Senior District
Judge. (8:06-cv-01608-PJM)
Submitted: December 16, 2008 Decided: December 22, 2008
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Georgia Green, Appellant Pro Se. Stephanie Judith Lane-Weber,
Assistant Attorney General, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Georgia Green appeals the district court’s order
dismissing her civil action under 42 U.S.C. § 1983 (2000) for
failure to properly exhaust administrative remedies. In her
informal brief, Green fails to address this dispositive issue.
Therefore, Green has waived appellate review of that issue. See
4th Cir. R. 34(b) (limiting review to issues raised in the
informal brief); see also Edwards v. City of Goldsboro, 178 F.3d
231, 241 n.6 (4th Cir. 1999) (finding failure to raise issue in
opening brief constituted abandonment of that issue).
Accordingly, we modify the district court’s order to reflect
that the dismissal is without prejudice, and affirm the order as
modified. See Green v. Durboraw, No. 8:06-cv-01608-PJM (D. Md.
Jan. 31, 2008). 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 AS MODIFIED
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