Opinion
No. 12-7562
01-22-2013
KENNETH H. NEWKIRK, Plaintiff - Appellant, v. MS. GREEN, Deputy/Transportation; MR. MILTON, Deputy/Law Library; MR. DICKERSON, Deputy/Classification; MS. J. O. PERRY, Deputy/Classification; MS. CHEESEBORO, Sergeant/Was in Records; MR. VOGT, Deputy/Work in the Hole 1-4 Segregation; MS. WILLIAMS, Sergeant/Segregation 1-4; ROY CHERRY, Superintendent, Defendants - Appellees.
Kenneth H. Newkirk, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:12-cv-00327-HEH) Before GREGORY, SHEDD, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Kenneth H. Newkirk, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Kenneth H. Newkirk appeals the district court's order dismissing without prejudice his 42 U.S.C. § 1983 (2006) complaint for failure to prosecute. See Fed. R. Civ. P. 41(b). On appeal, we confine our review to the issues raised in the Appellant's brief. See 4th Cir. R. 34(b). Because Newkirk's informal brief does not challenge the basis for the district court's disposition, Newkirk has forfeited appellate review of the court's order. Accordingly, we affirm the district court's judgment, deny Newkirk's motion to be transferred to another prison and three motions for appointment of counsel, and deny as moot Newkirk's motion to withdraw two of his motions for appointment of 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.
The order is final and appealable as something more than an amendment to the complaint is needed to cure the defects in Newkirk's case. See Domino Sugar v. Sugar Workers Local Union 392, F.3d 1064, 1066-67 (4th Cir. 1993).
AFFIRMED