Jorge Gevara v. Boyd Bennett

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-00354-RJC Copies to all parties and the district court/agency. [998840862]. Mailed to: Gevara. [12-6258]

Appeal: 12-6258

Document: 8

Date Filed: 04/26/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6258

JORGE GEVARA, a/k/a Jorge Galeas, Jr.,
Plaintiff – Appellant,
v.
BOYD BENNETT; ROBERT C. LEWIS; RICK JACKSON; RICHARD NEELY;
KEVIN T. KING, Ex-Assistant Superintendent; KORY DALRYMPLE,
Assistant Superintendent; RONALD COVINGTON, Unit Manager;
FNU EDWARDS, Captain; DENNIS MARSHALL, Assistant Unit
Manager; JERLINE BENNETT, Program Director 1; K. INGRAM,
Sergeant; W. HORNE, Sergeant; FNU YAKUBIK, Officer; FNU
BROWN, Officer; FNU KIKER, Officer; FNU LOCKETT, Officer;
JANE DOE, 1 and 2; FNU MCLAUGHLIN, Officer; FNU FAULKNER,
Officer; ALVIN KELLER; FRANKLIN STEELE, Unit Manager,
Defendants - Appellees.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:10-cv-00354-RJC)

Submitted:

April 19, 2012

Decided:

April 26, 2012

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jorge Gevara, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-6258

Document: 8

Date Filed: 04/26/2012

Page: 2 of 3

PER CURIAM:
Jorge Gevara, a North Carolina prisoner proceeding pro
se, appeals the district court’s order denying his post-judgment
motion

seeking

permission

to

file

a

“first

amended

and

supplemental complaint” and his Fed. R. Civ. P. 59(e) motion to
alter

or

amend

the

court’s

prior

42 U.S.C. § 1983 (2006) complaint.

judgment

dismissing

On appeal, we confine our

review to the issues raised in the Appellant’s brief.
R. 34(b).

his

4th Cir.

Because Gevara’s informal brief does not challenge

the basis for the district court’s disposition of his Rule 59(e)
motion, Gevara has forfeited appellate review of that ruling.
With

respect

to

the

district

court’s

denial

of

Gevara’s post-judgment motion seeking permission to file a first
amended and supplemental complaint, Rule 15 of the Federal Rules
of

Civil

Procedure

requires

that

granted when justice so requires.

leave

to

amend

be

freely

Fed. R. Civ. P. 15(a)(2).

A

district court may not deny a motion to amend “simply because it
has entered judgment against the plaintiff-be it a judgment of
dismissal, a summary judgment, or a judgment after a trial on
Laber v. Harvey, 438 F.3d 404, 427 (4th Cir. 2006)

the merits.”
(en banc).
the

same

judgment
Id.

A post-judgment motion to amend is “evaluated under
legal

was

standard

entered-for

as

a

similar

prejudice,

bad

motion
faith,

filed
or

before

futility.”

After a careful review of the record, we conclude that the
2

Appeal: 12-6258

Document: 8

Date Filed: 04/26/2012

Page: 3 of 3

motion to amend—which indicated that Gevara wished to file a
class

action

conditions

at

complaint
the

against

various

correctional

incarcerated—was futile.

defendants

institution

where

based

on

Gevara

is

See Oxendine v. Williams, 509 F.2d

1405, 1407 (4th Cir. 1975) (per curiam) (holding that a pro se
prisoner may not litigate the interests of other prisoners in a
class

action).

We

accordingly

affirm

the

district

court’s

denial of the motion. *
We dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED

*

“We are not limited to evaluation of the grounds offered
by the district court to support its decision, but may affirm on
any grounds apparent from the record.” United States v. Smith,
395 F.3d 516, 519 (4th Cir. 2005).

3