Allah v. Moore

U.S. Court of Appeals for the Fourth Circuit

Allah v. Moore

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7241

ADI SUPREME GOD ALLAH, a/k/a Albert Jones,

Plaintiff - Appellant, versus

MICHAEL MOORE; WILLIAM D. CATOE; GEORGE MARTIN, III; WILLIAM DAVIS; DENNIS DUNLAP; PORCHER, Major; W. RAY REESE; PAUL BUTLER; FISHER, Captain; ROGERS, Sergeant; SUTTON, Sergeant; STUCKEY, Sergeant; JOHNSON, Lieu- tenant; HICKMON, Officer; DARLENE MILLER, Of- ficer; H. ROBERTS, Officer; HANCOCK, Officer,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Falcon B. Hawkins, Chief District Judge. (CA-97-771-2-11AJ)

Submitted: January 21, 1999 Decided: February 9, 1999

Before LUTTIG, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Adi Supreme God Allah, Appellant Pro Se. Michael Stephen Pauley, Paul H. Derrick, LIDE, MONTGOMERY, POTTS, P.C., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Adi Supreme God Allah appeals the district court’s order

dismissing his

42 U.S.C.A. § 1983

(West Supp. 1998), complaint.

Allah’s case was referred to a magistrate judge pursuant to

28 U.S.C. § 636

(b)(1)(B) (1994). The magistrate judge recommended

that relief be denied and advised Allah that failure to file spe-

cific, timely objections to this recommendation could waive appel-

late review of a district court order based upon the recommenda-

tion. Despite this warning, Allah filed only general objections to

the issues specifically raised on appeal. This general objection is

insufficient to preserve appellate review of Appellant's claims.

See Thomas v. Arn,

474 U.S. 140, 147-48

(1985); Orpiano v. Johnson,

687 F.2d 44, 47

(4th Cir. 1982).

Specific objections to the magistrate judge’s report and

recommendation are necessary in order to focus the court’s atten-

tion on disputed issues, Thomas,

474 U.S. at 147-48

, and to pre-

serve appellate review of the substance of that recommendation when

the parties have been warned that failure to specifically object

will waive appellate review. See Wright v. Collins,

766 F.2d 841, 845-46

(4th Cir. 1985). Allah waived appellate review by failing

to raise specific objections after receiving proper notice.

Accordingly, we affirm the order of the district court. We deny

Allah’s motion for appointment of counsel. We dispense with oral

argument because the facts and legal contentions are adequately

2 presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED

3

Reference

Status
Unpublished