Lora Oxendine-Taylor v. Eastern Band of Cherokee ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-2011
LORA KAY OXENDINE-TAYLOR,
Plaintiff - Appellant,
v.
EASTERN BAND OF CHEROKEE INDIANS, Council,
Defendant - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at
Asheville. Martin K. Reidinger, Chief District Judge. (1:20-cv-00214-MR-DSC)
Submitted: November 19, 2020 Decided: November 23, 2020
Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Lora Kay Oxendine-Taylor, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lora Kay Oxendine-Taylor appeals the district court’s order dismissing her civil
action pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) after concluding that it lacked subject
matter jurisdiction over her suit. On appeal, we confine our review to the issues raised in
the informal brief. See 4th Cir. R. 34(b). Because Oxendine-Taylor’s informal brief does
not challenge the basis for the district court’s disposition, she 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,
as modified to reflect a dismissal without prejudice. See 28 U.S.C. § 2106; S. Walk at
Broadlands Homeowner’s Ass’n v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th
Cir. 2013). 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 AS MODIFIED
2