Denardis Kilgo v. Christopher Scalzo

U.S. Court of Appeals for the Fourth Circuit

Denardis Kilgo v. Christopher Scalzo

Opinion

USCA4 Appeal: 22-6589 Doc: 18 Filed: 12/19/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6589

DENARDIS JAMONT KILGO,

Plaintiff - Appellant,

v.

CHRISTOPHER SCALZO; PUBLIC DEFENDER’S OFFICE; 13TH JUDICIAL CIRCUIT, Due Process System,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:22-cv-00815-HMH)

Submitted: December 15, 2022 Decided: December 19, 2022

Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Denardis Jamont Kilgo, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6589 Doc: 18 Filed: 12/19/2022 Pg: 2 of 2

PER CURIAM:

Denardis Jamont Kilgo appeals the district court’s order dismissing his

42 U.S.C. § 1983

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 Kilgo 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). Kilgo 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Unpublished