Otis Faust v. Warden Taylor, No. 09-7592 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7592 OTIS FAUST, Plaintiff - Appellant, v. WARDEN TAYLOR; DIRECTOR OZMINT; ASSOCIATE WARDEN BURTON; MAJOR FELDER; LIEUTENANT MCNEIL; MARY MONTOUTH, Inmate Grievance Coordinator, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. R. Bryan Harwell, District Judge. (0:07-cv-00058-RBH) Submitted: February 25, 2010 Decided: March 4, 2010 Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Otis Faust, Appellant Pro Se. Christy L. Scott, SCOTT & PAYNE LAW FIRM, Walterboro, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Otis Faust accepting the dismissing without complaint. appeals recommendation On prejudice appeal, we the of district the Faust s confine raised in the informal brief. court s magistrate 42 our U.S.C. review order judge § 1983 to and (2006) the issues See 4th Cir. R. 34(b). In his brief, Faust fails to challenge the district court s dispositive ruling that he did not exhaust administrative remedies. Accordingly, we find that Faust has forfeited appellate review of that issue and affirm the district court s order. Faust s motion for dispense with oral a transcript argument at because government the facts We deny expense and 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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