Kunta Redd v. James Dever, III ( 2020 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 20-7282
    KUNTA KENTA REDD,
    Plaintiff - Appellant,
    v.
    JAMES C. DEVER, III, United States Federal Sentencing Judge; ROBERT J.
    DODSON, United States District Attorney; MICHAEL JAMES, United States
    District Attorney; TIMOTHY M. SEVERO, United States District Attorney,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    Raleigh. Louise W. Flanagan, District Judge. (5:19-ct-03395-FL)
    Submitted: November 19, 2020                                Decided: November 24, 2020
    Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Kunta Kenta Redd, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Kunta Kenta Redd appeals from the district court’s order dismissing under
    
    28 U.S.C. § 1915
    (e)(2)(B)(ii) his civil action filed pursuant to Bivens v. Six Unknown
    Named Agents of Fed. Bureau of Narcotics, 
    403 U.S. 388
     (1971). The court determined
    that Redd’s claims were barred in their entirety by the applicable statute of limitations.
    The court also determined that Redd’s claims were barred by judicial and prosecutorial
    immunity, barred under Heck v. Humphrey, 
    512 U.S. 477
     (1994), and sought barred or
    unavailable remedies.
    On appeal, * we confine our review to the issues raised in the informal brief. See 4th
    Cir. R. 34(b). Because Redd’s informal brief does not challenge the bases 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 Redd’s motion to appoint
    counsel and 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
    *
    Although the district court dismissed Redd’s action without prejudice, we
    conclude after review of the record in light of Bing v. Brivo Sys., LLC, 
    959 F.3d 605
    ,
    610-12, 614-15 (4th Cir. 2020), that the dismissal is final and appealable.
    2
    

Document Info

Docket Number: 20-7282

Filed Date: 11/24/2020

Precedential Status: Non-Precedential

Modified Date: 11/24/2020