David Perry v. Dr. Cuitillar ( 2023 )

USCA4 Appeal: 22-6284 Doc: 12 Filed: 12/19/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6284
DAVID DWAYNE PERRY,
Plaintiff - Appellant,
v.
DR. CUITILLAR, MD; MRS. WIGGINS, Counselor; DR. NOGO, MD; C/O
FROSTER; DR. RICHARD SKOKEY, MD; DR. GRADDY, Psychiatrist and MD;
MAIL ROOM STAFF,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:21-ct-03307-D)
Submitted: October 31, 2023 Decided: December 19, 2023
Before WYNN and RUSHING, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
David Dwayne Perry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6284 Doc: 12 Filed: 12/19/2023 Pg: 2 of 2
PER CURIAM:
David Dwayne Perry appeals the district court’s order dismissing without prejudice
his civil rights action under Fed. R. Civ. P. 41(b) based on his failure to comply with court
orders to pay the filing and administrative fee. On appeal, we confine our review to the
issues raised in the informal brief. See 4th Cir. R. 34(b). Because Perry’s informal brief
does not challenge the basis for the district court’s disposition, he has forfeited appellate
review of the court’s 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 court’s
judgment. We deny Perry’s motions for a temporary restraining order and for conference
and scheduling for discovery. 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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