BARRY v. UNKNOWN (2020)

Keenan Barry appeals the district court's order dismissing without prejudice his 42 U.S.C. § 1983 complaint for failure to comply with the magistrate judge's order to pay an initial partial filing fee or to aver that he could not pay such a fee.^* On appeal, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because Barry's informal brief does not challenge the basis 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 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

FOOTNOTES

FOOTNOTE.   Because the district court dismissed Barry's action “for procedural reasons unrelated to the contents of the pleadings,” we have jurisdiction over this appeal. Goode v. Cent. Va. Legal Aid Soc'y, Inc., 807 F.3d 619, 624 (4th Cir. 2015); see Bing v. Brivo Sys., LLC, 959 F.3d 605, 611-12 (4th Cir. 2020) (discussing factors courts consider in determining whether order is final and appealable).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.