Mary Jo Barker v. Bruce Hoak, M.d

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-2095
MARY JO BARKER,
Plaintiff - Appellant,
versus
BRUCE HOAK, M.D.,
Defendant - Appellee,
and
THOMAS MEMORIAL HOSPITAL,
Defendant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CA-00-1197-2)
Submitted: March 27, 2003 Decided: April 11, 2003
Before WILLIAMS, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mary Jo Barker, Appellant Pro Se. Richard D. Jones, Mark Allen
Robinson, FLAHERTY, SENSABAUGH & BONASSO, P.L.L.C., Charleston,
West Virginia, for Appellee.

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2
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mary Jo Barker appeals the district court’s order granting
summary judgment in favor of Dr. Bruce Hoak in this medical
malpractice action. In the briefing order, Barker was warned that
this court would not consider issues not specifically raised in her
informal brief. See 4th Cir. R. 34(b). Nonetheless, Barker’s
informal brief does not challenge the grounds for the district
court’s grant of summary judgment. Instead, she presents new
information that was not before the district court as support for
the merits of her claim. We may not consider such new information
on appeal. See Fed. R. App. P. 10(a)(1). Accordingly, we affirm.
We grant Dr. Hoak’s motion to strike and deny Barker’s motion to
supplement the record. 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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