REGINALD MCMILLAN,
Plaintiff-Employee,
v
.
North Carolina
Industrial Commission
GENERAL ELECTRIC COMPANY, Nos. 235975 & 314725
Defendant-Employer,
and
ELECTRIC INSURANCE COMPANY,
Defendant-Carrier.
Reginald D. McMillan, pro se, plaintiff-appellant.
Young Moore and Henderson P.A., by Jeffrey T. Linder and
Angela N. Farag, for defendant-appellees.
PER CURIAM.
Reginald D. McMillan (plaintiff) appeals from an Opinion and
Award of the North Carolina Industrial Commission (Full Commission)
entered 6 September 2005, denying his claims to workers
compensation benefits. However, plaintiff's brief to this Court is
in violation of several of the North Carolina Rules of Appellate
Procedure, thereby warranting dismissal of his appeal.
Plaintiff's brief fails to comply with the North Carolina
Rules of Appellate Procedure by (1) failing to include a concise
statement of the procedural history of the case[,] N.C. R. App. P.28(b)(3); and (2) failing to include a concise statement of the
applicable standard(s) of review for each question presented. N.C.
R. App. P. 28(b)(6). Further, in his argument to this Court,
plaintiff merely lists three separate issues alleging error by the
trial court. Plaintiff does not reference the assignments of
error pertinent to each issue and none of plaintiff's issues are
supported with any argument or citation to any authority.
Assignments of error not set out in the appellant's brief, or in
support of which no reason or argument is stated or authority
cited, will be taken as abandoned. Id.
The North Carolina Rules of Appellate Procedure are mandatory
and 'failure to follow these rules will subject an appeal to
dismissal.' Viar v. N.C. Dep't of Transp., 359 N.C. 400, 401, 610
S.E.2d 360, 360 (quoting Steingress v. Steingress, 350 N.C. 64, 65,
511 S.E.2d 298, 299 (1999), reh'g denied, 359 N.C. 643, 617 S.E.2d
662 (2005). Moreover, we cannot ascertain the true nature of
plaintiff's appeal as there is no cogent argument or citation to
authority. It is not the role of the appellate courts . . . to
create an appeal for an appellant. . . . [T]he Rules of Appellate
Procedure must be consistently applied; otherwise, the Rules become
meaningless[.] Id. at 402, 610 S.E.2d at 361. Accordingly, we
dismiss plaintiff's appeal.
Dismissed.
Panel consisting of:
Judges TYSON, BRYANT and LEVINSON.
Report per Rule 30(e).
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