Jessie Frederick v. John Magill

U.S. Court of Appeals for the Fourth Circuit
Jessie Frederick v. John Magill, 670 F. App'x 833 (4th Cir. 2016)
Gregory, Motz, Per Curiam, Traxler

Jessie Frederick v. John Magill

Opinion

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jessie Frederick seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2012) 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 Frederick that the 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. *834 1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Frederick has waived appellate review by failing to 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 this court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Jessie FREDERICK, Plaintiff-Appellant, v. John MAGILL, Director, S.C.D.M.H., in His Individual and Official Capacity; Holly Scaturo, Director— S.V.P.T.P, in Her Individual and Official Capacity; Kimberly Poholchuk, Program Coor. S.V.P.T.P., in Her Individual and Official Capacity; Warden Stevenson, Warden, BRCI, in His Individual and Official Capacity, Defendants-Appellees
Status
Unpublished