US v. Cory Carruthers, No. 12-7302 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7302 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CORY AUBREY CARRUTHERS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:07-cr-00550-HMH-1; 7:11-cv-02347-HMH) Submitted: October 11, 2012 Decided: October 16, 2012 Before KING, DUNCAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Cory Aubrey Carruthers, Appellant Pro Se. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cory Aubrey Carruthers appeals the district court s order denying his motion to extend the appeal period for the district court s April 25, 2012, order denying his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. On appeal, we confine our review to the issues raised in the Appellant s brief. Cir. R. 34(b). challenge the Because basis Carruthers for the informal district brief court s See 4th does not disposition, Carruthers has forfeited appellate review of the court s order. Accordingly, pauperis, we although affirm we the grant district leave to court s proceed order in forma denying the motion for an extension of the appeal period. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. AFFIRMED 2

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