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    United States v. Cory Carruthers, 4th Cir. (2012)

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    This document summarizes a United States Court of Appeals case. Cory Aubrey Carruthers appealed a district court order denying his motion to extend the appeal period for the denial of his 28 U.S.C.A. § 2255 motion. The appellate court confined its review to issues raised in Carruthers' brief. Because Carruthers' informal brief did not challenge the basis for the district court's ruling, the issues were forfeited. The appellate court therefore affirmed the district court's order denying the motion for an extension of the appeal period and granted Carruthers' request to proceed in forma pauperis.

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    United States v. Cory Carruthers, 4th Cir. (2012)

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    This document summarizes a United States Court of Appeals case. Cory Aubrey Carruthers appealed a district court order denying his motion to extend the appeal period for the denial of his 28 U.S.C.A. § 2255 motion. The appellate court confined its review to issues raised in Carruthers' brief. Because Carruthers' informal brief did not challenge the basis for the district court's ruling, the issues were forfeited. The appellate court therefore affirmed the district court's order denying the motion for an extension of the appeal period and granted Carruthers' request to proceed in forma pauperis.

    Original Description:

    Filed: 2012-10-16 Precedential Status: Non-Precedential Docket: 12-7302

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    This document summarizes a United States Court of Appeals case. Cory Aubrey Carruthers appealed a district court order denying his motion to extend the appeal period for the denial of his 28 U.S.C.A. § 2255 motion. The appellate court confined its review to issues raised in Carruthers' brief. Because Carruthers' informal brief did not challenge the basis for the district court's ruling, the issues were forfeited. The appellate court therefore affirmed the district court's order denying the motion for an extension of the appeal period and granted Carruthers' request to proceed in forma pauperis.

    Copyright:

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    Download as PDF or read online from Scribd
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    13 views2 pages

    United States v. Cory Carruthers, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Cory Aubrey Carruthers appealed a district court order denying his motion to extend the appeal period for the denial of his 28 U.S.C.A. § 2255 motion. The appellate court confined its review to issues raised in Carruthers' brief. Because Carruthers' informal brief did not challenge the basis for the district court's ruling, the issues were forfeited. The appellate court therefore affirmed the district court's order denying the motion for an extension of the appeal period and granted Carruthers' request to proceed in forma pauperis.

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    of 2

    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

    courts

    order denying his motion to extend the appeal period for the
    district courts 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 Appellants brief.


    Cir.

    R.

    34(b).

    challenge

    the

    Because
    basis

    Carruthers

    for

    the

    informal

    district

    brief

    courts

    See 4th
    does

    not

    disposition,

    Carruthers has forfeited appellate review of the courts order.


    Accordingly,
    pauperis,

    we

    although
    affirm

    we
    the

    grant
    district

    leave

    to

    courts

    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

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