Virginia Goforth v. Harley Lappin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999650154-2] Originating case number: 1:09-cv-00003 Copies to all parties and the district court/agency. [999787775]. Mailed to: Mr. Goforth 162 Phillipsville Loop Canton, NC 28716 Virginia Arlene Goforth 162 Phillipsville Loop Canton, NC 28716. [15-7360]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7360

VIRGINIA ARLENE GOFORTH,
Plaintiff - Appellant,
and
MR. GOFORTH, Virginia Arlene Goforth’s Husband and et al,
Plaintiff,
v.
HARLEY G. LAPPIN, Director of Bureau of Prisons; NEWTON
KENDING, Bureau of Prisons Medical Director; AMBER NELSON,
Warden, Alderson Federal Prison Camp; ALICE LOWE, Associate
Warden, Alderson Federal Prison Camp; ALAN BLANKENSHIP,
Health Services Unit Health Administrator, Alderson Federal
Prison Camp; NEAL REHBURG, Doctor of Osteopathy, Alderson
Federal Prison Camp; DEBRA HICKEY, 2006 Warden, Alderson
Federal Prison Camp; DONNA SAFFOLD, 2006 Associate Warden,
Alderson Federal Prison Camp; VICKI DUPREE, Captain,
Alderson Federal Prison Camp; J. ENGLEMAN, Unit Manager, A.
Range, Alderson Federal Prison Camp; CYNTHIA GODBOLD, 2006
Unit Manager, A Range, Alderson Federal Prison Camp (Guard
on Duty); UNITED STATES OF AMERICA, (and specifically
herein),
Defendants - Appellees,
and
THE UNITED STATES SENTENCING COMMISSION, Individually, and
in their official capacity as Custodians/Directors of
Custodians; THE FEDERAL BUREAU OF PRISONS; MICHAEL B.
MUKASEY, United States Attorney General or Predecessor;

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UNITED
STATES
INSPECTOR
DEPARTMENT OF JUSTICE,

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GENERAL;

THE

UNITED

STATES

Defendants.

Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:09-cv-00003)

Submitted:

February 29, 2016

Before SHEDD and
Circuit Judge.

FLOYD,

Decided:

Circuit

Judges,

and

April 4, 2016

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

Virginia Arlene Goforth,
Horn,
Assistant
United
Virginia, for Appellees.

Appellant Pro Se.
States
Attorney,

Stephen Michael
Charleston,
West

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Virginia Arlene Goforth appeals the district court’s orders
accepting

the

recommendations

of

the

magistrate

judge

and

denying relief on her complaint filed pursuant to Bivens v. Six
Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S.
388 (1971), and the Federal Tort Claims Act (FTCA).

We have

reviewed the record and find no reversible error in the district
court’s
grant

rejection
leave

to

of

Goforth’s

proceed

in

FTCA

forma

claim.
pauperis

Accordingly,
and

affirm

we
the

disposition of the FTCA claim for the reasons stated by the
district court.

Goforth v. Lappin, No. 1:09-cv-00003 (S.D. W.

Va. Aug. 14, 2015).
Turning to Goforth’s Bivens claims, we confine our review
on appeal to the issues raised in the Appellant’s brief.
4th Cir. R. 34(b).

See

Goforth’s informal brief does not challenge

the bases for the district court’s disposition of her Bivens
claims

—

namely,

individual
demonstrate
needs.
court’s

that

defendants
deliberate

Thus,
order.

Goforth

she

and,

in

failed
any

event,

indifference
has

forfeited

Accordingly,

we

denial of Goforth’s Bivens claims.

3

to

to

properly
that
her

the

failed

serious

appellate

affirm

she

serve

review

district

the
to

medical
of

the

court’s

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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

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