U.S. Court of Appeals for the Fourth Circuit, 2004

Sherman v. McCrorey

Sherman v. McCrorey
U.S. Court of Appeals for the Fourth Circuit · Decided June 25, 2004 · Niemeyer, Williams, Duncan
101 F. App'x 406

Sherman v. McCrorey

Opinion

PER CURIAM:

Curlee Sherman seeks to appeal the district court’s orders dismissing his 42 U.S.C. § 1983 (2000) complaints. The district court referred these cases to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). In each case the magistrate judge recommended that relief be denied and advised Sherman that failure to file timely, specific objections to the recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Sherman failed to specifically object to the magistrate judge’s recommendations.

The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Sherman has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeals.

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.

DISMISSED

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