ARBOGAST v. Corporal Womsley, Defendant. (2019)

John Franklin Arbogast appeals the district court's order adopting the magistrate judge's report and recommendation and dismissing Arbogast's 42 U.S.C. § 1983 (2012) complaint without prejudice for failure to exhaust his administrative remedies. Although we conclude that Arbogast filed sufficiently specific objections to the magistrate judge's report and recommendation to preserve appellate review, we confine our review to the issues raised in the Appellant's brief. See 4th Cir. R. 34(b). Arbogast's informal brief does not challenge the basis for the district court's disposition, and he has therefore 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 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

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.