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  • Kinney v. U.S. Dept. of Justice, 4th Cir. (2010)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished, per curiam opinion affirming the district court's order dismissing a civil rights action filed by Darryl Kinney and JK Minor as frivolous. The appellate court confined its review to issues raised in the appellants' brief, but found that the brief alleged no error by the district court. Therefore, the appellate court found that the appellants forfeited appellate review of the district court order and affirmed the dismissal. The appellate court also granted the appellants' motion to withdraw their previously filed motion for default judgment.

    Original Description:

    Filed: 2010-01-26 Precedential Status: Non-Precedential Docket: 09-2231

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished, per curiam opinion affirming the district court's order dismissing a civil rights action filed by Darryl Kinney and JK Minor as frivolous. The appellate court confined its review to issues raised in the appellants' brief, but found that the brief alleged no error by the district court. Therefore, the appellate court found that the appellants forfeited appellate review of the district court order and affirmed the dismissal. The appellate court also granted the appellants' motion to withdraw their previously filed motion for default judgment.

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    6 views2 pages

    Kinney v. U.S. Dept. of Justice, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished, per curiam opinion affirming the district court's order dismissing a civil rights action filed by Darryl Kinney and JK Minor as frivolous. The appellate court confined its review to issues raised in the appellants' brief, but found that the brief alleged no error by the district court. Therefore, the appellate court found that the appellants forfeited appellate review of the district court order and affirmed the dismissal. The appellate court also granted the appellants' motion to withdraw their previously filed motion for default judgment.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-2231

    DARRYL KINNEY; JK MINOR,


    Plaintiffs - Appellants,
    v.
    U.S. DEPT. OF JUSTICE; I.R.S.; STATE OF ILLINOIS,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Claude M. Hilton, Senior
    District Judge. (1:09-cv-00806-CMH-TCB)

    Submitted:

    January 19, 2010

    Decided:

    January 26, 2010

    Before NIEMEYER, KING, and DAVIS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Darryl Kinney, JK Minor, Appellants Pro Se.


    Kevin J.
    Mikolashek,
    Lauren
    Anne
    Wetzler,
    Assistant
    United
    States
    Attorneys, Alexandria, Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Darryl Kinney and JK Minor appeal the district courts
    order dismissing their civil rights action as frivolous.
    appeal,

    we

    confine

    our

    review

    to

    the

    issues

    raised

    On

    in

    the

    Appellants brief, see 4th Cir. R. 34(b), and Appellants brief


    alleges no error committed by the district court.

    We therefore

    find Appellants have forfeited appellate review of that order.


    Accordingly, we affirm the district courts order.
    grant

    Appellants

    motion

    to

    motion for default judgment.

    withdraw

    their

    Further, we

    previously

    filed

    We dispense with oral argument

    because the facts and legal contentions are adequately presented


    in the materials before the court and argument would not aid the
    decisional process.
    AFFIRMED

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