Thomas Taylor v. Debra Luz

U.S. Court of Appeals for the Fourth Circuit

Thomas Taylor v. Debra Luz

Opinion

USCA4 Appeal: 23-6744 Doc: 20 Filed: 11/22/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6744

THOMAS LEON TAYLOR,

Plaintiff - Appellant,

v.

OFC DEBRA LUZ, Correctional Officer; MAJOR J. SMITH; INTERNAL AFFAIRS, Investigations; TONYA JAMES, Warden; HENGER, Associate Warden; JENNIFER MCDUFFIE, Associate Warden; CAPTAIN BROWN, Hearing Officer; ARMSTRONG, Counsel Substitute; HOUGH, Hearing Officer; BERGARSO, Lieutenant,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Terry L. Wooten, Senior District Judge. (0:22-cv-00256-TLW)

Submitted: November 16, 2023 Decided: November 22, 2023

Before AGEE and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas Leon Taylor, Appellant Pro Se. Andrew Lindemann, LINDEMANN LAW FIRM, P.A., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6744 Doc: 20 Filed: 11/22/2023 Pg: 2 of 3

PER CURIAM:

Thomas Leon Taylor appeals the district court’s order denying relief on 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 Taylor 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 Taylor received proper notice

and filed timely objections to the magistrate judge’s recommendation, his objections were

not specific to the particularized legal recommendations made by the magistrate judge, so

appellate review is foreclosed. 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)).

2 USCA4 Appeal: 23-6744 Doc: 20 Filed: 11/22/2023 Pg: 3 of 3

Accordingly, we affirm the judgment of the district court. We deny Taylor’s

motions to appoint counsel and for a temporary restraining order. 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