Phuc Tran v. United States

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7243 PHUC VAN TRAN, Petitioner – Appellant, v. UNITED STATES, Respondent - Appellee.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 Decided: February 21, 2017 Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Phuc Van Tran, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 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 as an improper § 2241 petition and/or an unauthorized second or successive 28 U.S.C. § 2255 (2012) motion. On appeal, we confine our review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). Because Tran’s informal brief does not challenge the basis for the district court’s disposition, Tran has forfeited appellate review of the court’s order. 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. 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