Jackson v. Smith

U.S. Court of Appeals for the Fourth Circuit
Jackson v. Smith, 212 F. App'x 161 (4th Cir. 2006)

Jackson v. Smith

Opinion

PER CURIAM:

Jerry Jackson appeals the district court’s order denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Jackson that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Jackson failed to file timely objections to the magistrate judge’s recommendation.

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 of the consequences of noncomplianee. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. *162 1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Jackson has waived appellate review by-failing to timely file specific objections after receiving proper notice. Accordingly, we dismiss the appeal.

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.

Reference

Full Case Name
Jerry JACKSON, Plaintiff—Appellant, v. J v. SMITH, Warden; J. Serrano, MD; L. Rogers, I.C.C.I.D.P.; K. Walker, PA; A. Saha, PA; H. Watts, Board of Appeals; John L. Lamanna, Warden; Louisa Fuertes-Rosario; Fnu Sero, Defendants—Appellees
Status
Unpublished