Thomas Accardi v. John Herring

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6005
THOMAS M. ACCARDI, SR.,
Plaintiff - Appellant,
v.
JOHN HERRING, Superintendent; ROBERT N. BURGESS, Unit Manager;
CORRECTIONAL OFFICER COTTO; CORRECTIONAL OFFICER
LAWRENCE,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:19-ct-03107-D)
Submitted: June 23, 2021 Decided: August 18, 2021
Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and TRAXLER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas M. Accardi, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas M. Accardi, Sr., appeals the district court’s order dismissing his 42 U.S.C.
§ 1983 complaint under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim. Accardi
forfeited appellate review of the portion of the district court’s order dismissing Defendants
Herring and Burgess from the action. See 4th Cir. R. 34(b); 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.”). As to the claims
against the remaining Defendants, we have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the district court. Accardi v.
Herring, No. 5:19-ct-03107-D (E.D.N.C. Dec. 18, 2019). We deny Accardi’s request to
appoint counsel. 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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