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  • Skinner v. United States, 4th Cir. (2010)

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    The 4th Circuit Court of Appeals affirmed the district court's order dismissing Frank Skinner's complaint against various defendants related to his medical treatment while incarcerated. The appellate court confined its review to issues raised in Skinner's brief, but found that his brief failed to challenge the district court's key conclusions for dismissing his Bivens and Federal Tort Claims Act claims. As a result, the 4th Circuit found that Skinner forfeited appellate review and denied his motion to appoint counsel, affirming the district court's order.

    Original Description:

    Filed: 2010-04-05 Precedential Status: Non-Precedential Docket: 09-8258

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    The 4th Circuit Court of Appeals affirmed the district court's order dismissing Frank Skinner's complaint against various defendants related to his medical treatment while incarcerated. The appellate court confined its review to issues raised in Skinner's brief, but found that his brief failed to challenge the district court's key conclusions for dismissing his Bivens and Federal Tort Claims Act claims. As a result, the 4th Circuit found that Skinner forfeited appellate review and denied his motion to appoint counsel, affirming the district court's order.

    Copyright:

    Public Domain
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    0 views3 pages

    Skinner v. United States, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The 4th Circuit Court of Appeals affirmed the district court's order dismissing Frank Skinner's complaint against various defendants related to his medical treatment while incarcerated. The appellate court confined its review to issues raised in Skinner's brief, but found that his brief failed to challenge the district court's key conclusions for dismissing his Bivens and Federal Tort Claims Act claims. As a result, the 4th Circuit found that Skinner forfeited appellate review and denied his motion to appoint counsel, affirming the district court's order.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-8258

    FRANK SKINNER,
    Plaintiff - Appellant,
    v.
    UNITED STATES OF AMERICA; BUREAU OF PRISONS; HARLEY LAPIN,
    Director; RAMIREZ, Regional Director; K. WHITE, Mid-Atlantic
    Region Director; G. MALDONADO, USP-Atlanta Warden; A. W.
    YARK; P. A.M. ITTAYEM; R. CRAIG, Counselor; AL HAYNES,
    USP-Hazelton Warden; V. PURI, Health Care Administrator; D.
    BOYLES, R.N.; R. MCFADDEN, Western Region Director; T. A.
    BANKS, FCI Victorville Warden; HEALTH SERVICE ADMINISTRATOR
    DEVEZA; B. BARTON, M.D.; DAVID ROBERTSON, President/CEO
    Monogalia General Hospital,
    Defendants - Appellees.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Elkins. Robert E. Maxwell, Senior
    District Judge. (2:07-cv-00077-REM-JES)

    Submitted:

    March 30, 2010

    Decided:

    April 5, 2010

    Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Frank Skinner, Appellant Pro Se. Rudolph Contreras, John F.


    Henault, Jr., Assistant United States Attorneys, Washington,
    D.C.; William E. Coonan, Assistant United States Attorney,

    Fairview Heights, Illinois; Sharon Lynn Potter, OFFICE OF THE


    UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Frank
    adopting

    the

    Skinner

    appeals

    recommendation

    the

    of

    district

    the

    courts

    magistrate

    order

    judge

    and

    dismissing his complaint pursuant to Bivens v. Six Unknown Named


    Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the
    Federal Tort Claims Act, 28 U.S.C. 2671-2680 (2006), with
    prejudice in part and without prejudice in part.
    confine

    our

    Brief.

    review
    4th

    See

    to

    the

    Cir.

    R.

    issues

    raised

    34(b).

    in

    On appeal, we

    the

    Skinners

    Appellants

    brief

    fails

    to

    challenge the district courts dispositive conclusions regarding


    the

    lack

    of

    personal

    jurisdiction

    over

    some

    defendants;

    his

    failure to state a claim against the institutional defendants;


    the

    merits

    of

    his

    Bivens

    action;

    his

    failure

    to

    exhaust

    administrative remedies; and his compliance with state law for


    his Federal Tort Claims Act claims.
    has

    forfeited

    district
    counsel.
    legal
    before

    appellate

    courts

    order

    review.
    and

    We therefore find Skinner


    Accordingly,

    deny

    Skinners

    we

    motion

    affirm
    to

    the

    appoint

    We dispense with oral argument because the facts and

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    aid

    the
    the

    materials
    decisional

    process.
    AFFIRMED

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