Thomas Taylor v. Debra Luz
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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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. § 1983complaint. 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
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Reference
- Status
- Unpublished