Saria Walker v. Greenville County Clerk of Court
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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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. § 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
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