Every decision we've summarized from United States Court of Appeals for the Fourth Circuit.
The Fourth Circuit affirmed a district court order dismissing a pro se civil complaint alleging a First Amendment Free Exercise violation. The appellate court held that the appellants forfeited their right to appellate review by failing to challenge the basis for the dismissal in their informal brief.
The Fourth Circuit vacated a district court's denial of a Rule 60(b) motion because the lower court raised the timeliness issue on its own without giving the plaintiff notice. While the court agreed that the one-year deadline applied, it held that timeliness is an affirmative defense that must be raised by the opposing party.
The Fourth Circuit dismissed Arkeem H. Nellon's appeal from a district court's procedural dismissal of his habeas petition because he failed to obtain a certificate of appealability. The court independently reviewed the record and found Nellon did not make the requisite substantial showing that the procedural ruling was debatable or that his underlying claim involved a constitutional right.
The Fourth Circuit dismissed an appeal challenging a district court's venue transfer order because the order was not a final, appealable judgment. The court also ruled that the appellant's notice of appeal was filed one day late, failing to meet the mandatory 60-day deadline for cases involving government parties.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order denying relief in a prisoner civil rights action. The appellate court found no reversible error in the lower court's rejection of claims brought under Bivens and the Federal Tort Claims Act.
The Fourth Circuit Court of Appeals dismissed Bennie Mitchell's appeal from a denial of habeas relief because he failed to obtain a certificate of appealability. The court independently reviewed the record and found that Mitchell did not make a substantial showing of the denial of a constitutional right.
The Fourth Circuit affirmed the denial of Alvis Damon Williams's third motion for compassionate release and his request for a sentence reduction under Amendment 821. The court found no abuse of discretion in the district court's determination that Williams failed to demonstrate extraordinary and compelling reasons for release and that statutory mandatory minimums precluded a sentence reduction.
The United States Court of Appeals for the Fourth Circuit affirmed the dismissal of a pro se civil rights complaint filed under Section nineteen eighty-three of Title forty-two. The court found no reversible error in the district court's decision to dismiss the action without prejudice.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order dismissing a pro se plaintiff's employment discrimination claims. The appellate court found no reversible error in the lower court's grant of the defendant's motion to dismiss.
The Fourth Circuit affirmed the district court's dismissal of a civil complaint for improper venue. The court held that the appellant forfeited his right to appellate review by failing to file specific objections to the magistrate judge's recommendation after receiving proper notice.