Sean V. TERRY, Plaintiff-Appellant, v. SWIFT TRANSPORTATION, Defendant-Appellee.
Decided: June 17, 2019
Before WYNN and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Sean V. Terry, Appellant Pro Se. Alexander L. Maultsby, Kip D. Nelson, FOX ROTHSCHILD LLP, Greensboro, North Carolina, for Appellee.
Sean V. Terry appeals the district court's orders granting summary judgment to the defendant on his defamation claim and dismissing his remaining claims. On appeal, we confine our review to the issues raised in the Appellant's brief. See 4th Cir. R. 34(b). Under a liberal construction of his informal brief, Terry challenges the district court's ruling that his defamation claim was time-barred. We have reviewed this claim and find no reversible error, so we affirm the denial of relief on the defamation claim for the reasons stated by the district court. Terry v. Swift Transp., No. 1:16-cv-00256-NCT-LPA (M.D.N.C. Mar. 6, 2019).
Turning to the remaining claims, we conclude that Terry's informal brief does not challenge the bases for the district court's dispositive rulings. Therefore, Terry has forfeited appellate review of those claims. 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.”). Finally, “[i]ssues raised for the first time on appeal are generally not considered absent exceptional circumstances.” Williams v. Prof'l Transp. Inc., 294 F.3d 607, 614 (4th Cir. 2002). Accordingly, we affirm the district court's dismissal of these claims. We deny Terry's request for a district court transcript 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Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.