William Coleman v. York County 16 Circuit

U.S. Court of Appeals for the Fourth Circuit

William Coleman v. York County 16 Circuit

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-7283

WILLIAM T. COLEMAN,

Plaintiff - Appellant,

v.

YORK COUNTY 16 CIRCUIT JUDICIAL COURT; JUDGE JOHN C. HAYES, III, Judge Code 2049,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Joseph F. Anderson, Jr., District Judge. (0:12-cv-01967-JFA)

Submitted: December 27, 2013 Decided: January 16, 2014

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William T. Coleman, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

William T. Coleman appeals the district court’s order

denying relief on his

42 U.S.C. § 1983

(2006) complaint. The

district court referred this case to a magistrate judge pursuant

to

28 U.S.C. § 636

(b)(1)(B) (2012). The magistrate judge

recommended that relief be denied and advised Coleman that

failure to file timely objections to this recommendation could

waive appellate review of a district court order based upon the

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

noncompliance. Wright v. Collins,

766 F.2d 841, 845-46

(4th

Cir. 1985); see also Thomas v. Arn,

474 U.S. 140

(1985).

Coleman has waived appellate review as to his claim against the

York County court by failing to file specific objections after

receiving proper notice. We conclude, however, that Coleman’s

objections adequately preserved his claim against Judge Hayes,

but that the claim fails because the judge is immune from suit.

See Stump v. Sparkman,

435 U.S. 349, 356-57

(1978).

Accordingly, we affirm the judgment of the district

court. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

2 before this Court and argument would not aid the decisional

process.

AFFIRMED

3

Reference

Status
Unpublished