U.S. Court of Appeals for the Fourth Circuit, 2022

Marshall Watkins v. Kilolo Kijakazi

Marshall Watkins v. Kilolo Kijakazi
U.S. Court of Appeals for the Fourth Circuit · Decided September 1, 2022

Marshall Watkins v. Kilolo Kijakazi

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1145

MARSHALL LEON WATKINS, Plaintiff - Appellant, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Mary G. Lewis, District Judge. (0:21-cv-03900-MGL)

Submitted: June 28, 2022 Decided: September 1, 2022

Before AGEE, WYNN, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Marshall Leon Watkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Marshall Leon Watkins appeals the district court’s order denying relief on his complaint. 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 Watkins 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 Watkins 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 judgment of the district court. We deny all of Watkins’ pending motions, including his motions for a blood test, release, to rule, and other relief.

We dispense with oral argument because the facts and legal contentions are adequately

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presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

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