Kandance Wells v. Kanawha County Circuit Court
Kandance Wells v. Kanawha County Circuit Court
Opinion
USCA4 Appeal: 24-1585 Doc: 7 Filed: 10/24/2024 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-1585
KANDANCE WELLS,
Plaintiff - Appellant,
v.
KANAWHA COUNTY CIRCUIT COURT; CARRIE WEBSTER; JENNIFER BAILEY; JOANNA TABIT; CATHY GATSON; PATRICK MORRISEY; JUDGE STOWERS; JUDGE ROWE,
Defendants - Appellees.
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Thomas E. Johnston, District Judge. (2:23-cv-00604)
Submitted: October 22, 2024 Decided: October 24, 2024
Before KING and WYNN, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Kandance A. Wells, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1585 Doc: 7 Filed: 10/24/2024 Pg: 2 of 3
PER CURIAM:
Kandance Wells appeals the district court’s order denying relief on her civil
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
Wells 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 Wells 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, although we grant leave to proceed in forma pauperis, we affirm the judgment
of the district court.
2 USCA4 Appeal: 24-1585 Doc: 7 Filed: 10/24/2024 Pg: 3 of 3
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