Saria Walker v. Greenville County Clerk of Court

U.S. Court of Appeals for the Fourth Circuit

Saria Walker v. Greenville County Clerk of Court

Opinion

USCA4 Appeal: 23-1940 Doc: 6 Filed: 11/27/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1940

SARIA WALKER,

Plaintiff - Appellant,

v.

GREENVILLE COUNTY CLERK OF COURT; THIRTEENTH CIRCUIT SOLICITOR’S OFFICE,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:23-cv-03544-HMH)

Submitted: November 21, 2023 Decided: November 27, 2023

Before WILKINSON and NIEMEYER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Saria Walker, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1940 Doc: 6 Filed: 11/27/2023 Pg: 2 of 2

PER CURIAM:

Saria Walker appeals the district court’s order dismissing her

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

Walker 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 Walker received proper notice

and filed timely objections to the magistrate judge’s recommendation, her 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)).

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