U.S. Court of Appeals for the Fourth Circuit, 2006

Smith v. City of Marion

Smith v. City of Marion
U.S. Court of Appeals for the Fourth Circuit · Decided June 19, 2006 · King, Shedd, Duncan
187 F. App'x 258

Smith v. City of Marion

Opinion

PER CURIAM:

Susan Smith * appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on her 42 U.S.C. § 1983 (2000) complaint. On appeal, Smith alleges that the district court improperly referred the action to the magistrate judge without the consent of the parties. We have reviewed the record and find no reversible error. The district court properly referred Defendants’ motion for summary judgment to the magistrate judge under 28 U.S.C. § 636(b)(1)(B) (2000), and Smith filed objections to the magistrate judge’s recommendation. See Orpiano v. Johnson, 687 F.2d 44, 46 (4th Cir. 1982) (noting that a district court may refer matters to a magistrate judge without the consent of the parties under § 636(b)). Accordingly, we affirm. 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.

*

In the district court, the lead plaintiff was Derrick Smith; he is no longer a party on appeal.

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