Keith Arrick, Sr. v. Federal Bureau of Prisons
Keith Arrick, Sr. v. Federal Bureau of Prisons
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-6589
KEITH A. ARRICK, SR.,
Plaintiff - Appellant,
v.
FEDERAL BUREAU OF PRISONS; C. O. JENNIFER THAYER, born Jennifer Kimble; C. O. HELEN HANDLIN; UNITED STATES OF AMERICA; C. O. BUCHANAN; C. O. KNOTTS,
Defendants - Appellees.
Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Thomas S. Kleeh, District Judge. (1:17-cv-00131-TSK)
Submitted: October 14, 2021 Decided: October 19, 2021
Before DIAZ and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Keith A. Arrick, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Keith A. Arrick, Sr., appeals the district court’s orders denying relief on his
complaint filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics,
403 U.S. 388(1971) and denying his motion for reconsideration. The district
court referred this case to a magistrate judge pursuant to
28 U.S.C. § 636(b)(1)(B). The
magistrate judge recommended that relief be denied and advised Arrick 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. Martin v. Duffy,
858 F.3d 239, 245(4th Cir. 2017); Wright v. Collins,
766 F.2d 841, 846-47(4th Cir. 1985); see
also Thomas v. Arn,
474 U.S. 140, 154-55(1985). Although Arrick received proper notice
and filed timely objections to the magistrate judge’s recommendation, he has waived
appellate review because the objections were not specific to the particularized legal
recommendations made by the magistrate judge. See Martin,
858 F.3d at 245(holding
that, “to preserve for appeal an issue in a magistrate judge’s report, a party must object to
the finding or recommendation on that issue with sufficient specificity so as reasonably to
alert the district court of the true ground for the objection” (internal quotation marks
omitted)). Accordingly, we affirm the district court’s orders.
2 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
3
Reference
- Status
- Unpublished