Ronnie Redden v. David Ballard
Ronnie Redden v. David Ballard
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 18-7232
RONNIE D. REDDEN,
Plaintiff - Appellant,
v.
DAVID BALLARD, former Warden; WEST VIRGINIA DIVISION OF CORRECTIONS; WEXFORD HEALTH SOURCES, INC.,
Defendants - Appellees.
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Thomas E. Johnston, Chief District Judge. (2:17-cv-01549)
Submitted: January 17, 2019 Decided: January 23, 2019
Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ronnie D. Redden, Appellant Pro Se. John P. Fuller, Charles R. Bailey, Jordan K. Herrick, BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Ronnie D. Redden appeals the district court’s order denying relief on 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 Redden that failure to file timely, specific 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). Redden
has waived appellate review by failing to file specific objections to the particularized
legal recommendations made by the magistrate judge after receiving proper notice. See
United States v. Midgette,
478 F.3d 616, 621(4th Cir. 2007) (holding that a litigant
“waives a right to appellate review of particular issues by failing to file timely objections
specifically directed to those issues”). 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
2
Reference
- Status
- Unpublished