Lazaro Quinones-Cedeno v. Jennifer Resh
Lazaro Quinones-Cedeno v. Jennifer Resh
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-7132
LAZARO QUINONES-CEDENO,
Plaintiff - Appellant,
v.
MS. JENNIFER RESH, Nurse; MS. K. BANKSON, Nurse; PAUL ADAMS, Warden,
Defendants - Appellees.
Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, Chief District Judge. (3:20-cv-00050-GMG)
Submitted: January 20, 2022 Decided: January 25, 2022
Before WILKINSON, DIAZ, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lazaro Quinones-Cedeno, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Lazaro Quinones-Cedeno appeals the district court’s order denying relief on his
complaint filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics,
403 U.S. 388(1971). 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 Quinones-Cedeno 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). Quinones-Cedeno has waived appellate
review by failing to file objections to the magistrate judge’s recommendation 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
2
Reference
- Status
- Unpublished