Wilson v. Crouch

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7487

JOHN WILSON,

Plaintiff - Appellant,

v.

ROBERT P. CROUCH, JR., U.S. Attorney Western District of Virginia; JOSEPH W.H. MOTT, Assistant U.S. Attorney, Western District of Virginia; ALBERTO GONZALEZ, U.S. Attorney General; JORGE L. PASTRANA, Warden F.C.I. Miami; GEORGE BUSH, President of U.S.A.,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:07-cv-00433-jct)

Submitted: June 5, 2008 Decided: June 25, 2008

Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

John Wilson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

John Wilson appeals the district court’s order dismissing

without prejudice his complaint, which was construed as an action

pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics, 403 U.S. 388 (1971), for failure to state a claim upon

which relief could be granted. See 28 U.S.C. § 1915A(b)(1) (2000).

In his informal brief, Wilson fails to address the district court’s

ruling that his action could not proceed because a favorable

outcome of the lawsuit would undermine the validity of his

conviction, citing Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).

Therefore, Wilson has waived appellate review of that issue. See

4th Cir. R. 34(b) (“The Court will limit its review to the issues

raised in the informal brief.”). Accordingly, we affirm the

district court’s ruling. 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

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