Raymond Chestnut v. Rory Thompson

U.S. Court of Appeals for the Fourth Circuit
Raymond Chestnut v. Rory Thompson, 585 F. App'x 284 (4th Cir. 2014)

Raymond Chestnut v. Rory Thompson

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*285 PER CURIAM:

Raymond Edward Chestnut 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) (2012). The magistrate judge recommended that relief be denied and advised Chestnut 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Chestnut has waived appellate review by failing to file objections after receiving proper notice. * 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 before this court and argument would not aid the decisional process.

AFFIRMED.

*

Chestnut contends that the district court improperly denied his motion for an extension of time to file objections to the magistrate judge’s report and recommendation. We conclude that the district court did not abuse its discretion. Fed.R.Civ.P. 6(b).

Reference

Full Case Name
Raymond Edward CHESTNUT, Plaintiff-Appellant, v. Rory THOMPSON, Correctional Officer; T. McGirt, Correctional Officer, Individual and in Their Official Capacities; Leroy Jones; United States of America, Defendants-Appellees, and Larry Jones, Lieutenant, Defendant
Status
Unpublished