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    Frison v. Criswell Power Sports, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order granting the defendant's motion to dismiss the plaintiff's case. The court declined to consider the plaintiff's new claim on appeal that the district judge was biased, as that claim was not raised in the district court. The court also deemed waived the plaintiff's failure to challenge the district court's dismissal for lack of subject matter jurisdiction in his opening brief, raising it only in his reply brief. The court thus affirmed the district court's dismissal order and denied the plaintiff's motions to supplement his brief and joint appendix.

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    Frison v. Criswell Power Sports, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order granting the defendant's motion to dismiss the plaintiff's case. The court declined to consider the plaintiff's new claim on appeal that the district judge was biased, as that claim was not raised in the district court. The court also deemed waived the plaintiff's failure to challenge the district court's dismissal for lack of subject matter jurisdiction in his opening brief, raising it only in his reply brief. The court thus affirmed the district court's dismissal order and denied the plaintiff's motions to supplement his brief and joint appendix.

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    Filed: 2005-11-14 Precedential Status: Non-Precedential Docket: 05-1415

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order granting the defendant's motion to dismiss the plaintiff's case. The court declined to consider the plaintiff's new claim on appeal that the district judge was biased, as that claim was not raised in the district court. The court also deemed waived the plaintiff's failure to challenge the district court's dismissal for lack of subject matter jurisdiction in his opening brief, raising it only in his reply brief. The court thus affirmed the district court's dismissal order and denied the plaintiff's motions to supplement his brief and joint appendix.

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    Download as pdf
    9 views2 pages

    Frison v. Criswell Power Sports, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order granting the defendant's motion to dismiss the plaintiff's case. The court declined to consider the plaintiff's new claim on appeal that the district judge was biased, as that claim was not raised in the district court. The court also deemed waived the plaintiff's failure to challenge the district court's dismissal for lack of subject matter jurisdiction in his opening brief, raising it only in his reply brief. The court thus affirmed the district court's dismissal order and denied the plaintiff's motions to supplement his brief and joint appendix.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1415

    ELLIS SCOTT FRISON, III,


    Plaintiff - Appellant,
    versus
    CRISWELL POWER SPORTS,
    Defendant - Appellee.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
    (CA-04-2093-AW)

    Submitted:

    October 21, 2005

    Decided:

    November 14, 2005

    Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    E. SCOTT FRISON, JR., LAW FIRM OF E. SCOTT FRISON, JR., Washington,


    D.C., for Appellant. Stephen D. Weiss, LAW OFFICES OF STEPHEN D.
    WEISS, LLC, Rockville, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Ellis Scott Frison, III, appeals the district courts
    order granting Defendants motion to dismiss.

    Frison contends for

    the first time on appeal that the district judge was biased against
    his counsel and should have recused himself. Claims raised for the
    first time on appeal will not be considered absent exceptional
    circumstances.
    1993).

    Muth v. United States, 1 F.3d 246, 250 (4th Cir.

    No such extraordinary circumstances exist in this case, so

    we decline to address this claim.

    Moreover, although Frisons

    opening brief recited the facts giving rise to his complaint, that
    brief did not challenge the district courts order dismissing his
    action for lack of subject matter jurisdiction; his only claim in
    this regard was first raised in his reply brief.
    raised in the opening brief are deemed waived.
    I.N.S., 260 F.3d 318, 326 (4th Cir. 2001).

    Arguments not

    See Yousefi v. U.S.

    Accordingly, Frison is

    foreclosed from challenging the substance of the district courts


    dismissal order.
    In sum, we affirm the district courts final order, and
    we deny Frisons motions to supplement his brief and to file a
    supplemental joint appendix.

    We dispense with oral argument

    because the facts and legal contentions are adequately presented in


    the materials before the court and argument would not aid the
    decisional process.
    AFFIRMED

    - 2 -

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