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  • Furtado v. Rupp, 4th Cir. (2008)

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    1) Edson Furtado appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against a judge and the state of Maryland. 2) In his informal appellate brief, Furtado failed to address the district court's basis for dismissing his case. 3) As a result, the appeals court affirmed the district court's ruling, since Furtado waived appellate review of the issue by not addressing it. The court also denied Furtado's motion for appointment of counsel.

    Original Description:

    Filed: 2008-04-04 Precedential Status: Non-Precedential Docket: 08-6096

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    1) Edson Furtado appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against a judge and the state of Maryland. 2) In his informal appellate brief, Furtado failed to address the district court's basis for dismissing his case. 3) As a result, the appeals court affirmed the district court's ruling, since Furtado waived appellate review of the issue by not addressing it. The court also denied Furtado's motion for appointment of counsel.

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    7 views2 pages

    Furtado v. Rupp, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    1) Edson Furtado appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against a judge and the state of Maryland. 2) In his informal appellate brief, Furtado failed to address the district court's basis for dismissing his case. 3) As a result, the appeals court affirmed the district court's ruling, since Furtado waived appellate review of the issue by not addressing it. The court also denied Furtado's motion for appointment of counsel.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6096

    EDSON FURTADO,
    Plaintiff - Appellant,
    v.
    NELSON WOODWARD RUPP, JR., Judge; STATE OF MARYLAND,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:07-cv03068-RWT)

    Submitted:

    March 27, 2008

    Decided:

    April 4, 2008

    Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Edson Furtado, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Edson

    Furtado

    appeals

    the

    district

    courts

    order

    dismissing his 42 U.S.C. 1983 (2000) complaint under 28 U.S.C.


    1915(e)(2)(B) (2000).

    In his informal appellate brief, Furtado

    failed to address the district courts basis for dismissing his


    case.

    Therefore, Furtado has waived appellate review of that

    issue.

    See 4th Cir. R. 34(b) (The Court will limit its review to

    the issues raised in the informal brief.).

    Accordingly, we

    affirm. Furtados motion for appointment of counsel is denied. 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

    - 2 -

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