Frank Skinner v. US

Filing 920100405

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Frank adopting the Skinner appeals of the the district court's judge order and

recommendation

magistrate

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 Brief. our See review 4th to the R. issues 34(b). raised in On appeal, we Appellant's fails to

the

Cir.

Skinner's

brief

challenge the district court's 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 appellate order review. and deny We therefore find Skinner Accordingly, Skinner's we affirm to the

district counsel. legal before

court's

motion

appoint

We dispense with oral argument because the facts and are and adequately argument presented not in the the materials decisional

contentions the court

would

aid

process. AFFIRMED

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