Daniel Salley v. United States

U.S. Court of Appeals for the Fourth Circuit

Daniel Salley v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6459

DANIEL ERIC SALLEY,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, Chief District Judge. (3:15-cv-00143-GMG-MJA)

Submitted: August 16, 2018 Decided: August 21, 2018 Amended: April 3, 2019

Before WYNN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Daniel Eric Salley, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Daniel Eric Salley appeals the district court’s order accepting the magistrate

judge’s recommendation to dismiss Salley’s claims, which were brought pursuant to the

Federal Tort Claims Act,

28 U.S.C. § 1346

(b)(1) (2012). As to the claim about which

Salley failed to object to the bases for the magistrate judge’s recommendation to dismiss,

Salley has waived appellate review of the district court’s decision to adopt the

recommendation. See Wright v. Collins,

766 F.2d 841, 845-46

(4th Cir. 1985); see also

Thomas v. Arn,

474 U.S. 140

(1985). As to those claims regarding which Salley properly

objected, we have reviewed the record and find no reversible error. We thus affirm the

district court’s order. See Salley v. United States, No. 3:15-cv-00143-GMG-MJA

(N.D.W. Va. Apr. 10, 2018). 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Unpublished