Phuc Tran v. US


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999967242-2]; denying Motion to appoint/assign counsel [999930211-2] Originating case number: 5:15-hc-02222-BO. Copies to all parties and the district court/agency. [1000026775]. Mailed to: Phuc Van Tran. [16-7243]

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Appeal: 16-7243 Doc: 13 Filed: 02/21/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7243 PHUC VAN TRAN, Petitioner – Appellant, v. UNITED STATES, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:15-hc-02222-BO) Submitted: February 16, 2017 Before GREGORY, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: DUNCAN, February 21, 2017 Circuit Judge, and Affirmed by unpublished per curiam opinion. Phuc Van Tran, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7243 Doc: 13 Filed: 02/21/2017 Pg: 2 of 2 PER CURIAM: Phuc Van Tran, a federal prisoner, appeals the district court’s order dismissing without prejudice his 28 U.S.C. § 2241 (2012) petition unauthorized motion. as an improper § 2241 second or successive 28 petition U.S.C. and/or § 2255 an (2012) On appeal, we confine our review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). Tran’s not informal district brief court’s does disposition, review of the court’s order. challenge Tran has the Because basis forfeited for the appellate See Williams v. Giant Food Inc., 370 F.3d 423, 430 n.4 (4th Cir. 2004). Accordingly, we grant Tran’s motion to proceed in forma pauperis, deny his motion to appoint counsel, and affirm the district court’s judgment. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 2

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