Robert Johnson v. Jay Vannoy

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AMENDED OPINION filed amending and superseding opinion dated 03/02/2015. Motion disposition in opinion--granting Motion for rehearing [999545841-2]; denying request for appointment of counsel. Originating case number: 5:14-cv-00055-FDW. Copies to all parties. Mailed to: appellant. [14-7712]

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Appeal: 14-7712 Doc: 31 Filed: 05/29/2015 Pg: 1 of 2 ON REHEARING UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7712 ROBERT W. JOHNSON, Plaintiff - Appellant, v. JAY VANNOY; BRICKER, DAVID B. FREEDMAN; TOM E. HORNE; LEIGH C. Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:14-cv-00055-FDW) Submitted: May 19, 2015 Decided: May 29, 2015 Before NIEMEYER, KING, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert W. Johnson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 14-7712 Doc: 31 Filed: 05/29/2015 Pg: 2 of 2 PER CURIAM: Robert dismissing W. his Johnson 42 appeals U.S.C. the § 1983 district suit as a petition for panel rehearing. order frivolous. previously dismissed this appeal as untimely. filed court’s We Johnson has now Upon review of the petition, we grant panel rehearing and affirm. On appeal, we confine our review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). Because Johnson’s informal briefs do not challenge the basis for the district review court’s of the disposition, court’s order. district court’s judgment. appointment of counsel. Johnson has forfeited Accordingly, we appellate affirm the We also deny Johnson’s motion for We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

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