Eric Canty v. Horry County

U.S. Court of Appeals for the Fourth Circuit December 27, 2024

Opinion

USCA4 Appeal: 24-6820 Doc: 14 Filed: 12/27/2024 Pg: 1 of 2

No. 24-6820

Plaintiff - Appellant,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. Joseph Dawson, III, District Judge. (4:24-cv-01004-JD)

Submitted: December 19, 2024 Decided: December 27, 2024

Before KING and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Eric Emmanuel Canty, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6820 Doc: 14 Filed: 12/27/2024 Pg: 2 of 2

Eric Emmanuel Canty 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 Canty 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,

(4th Cir. 2017); Wright v. Collins,

(4th Cir. 1985); see

also Thomas v. Arn,

474 U.S. 140, 154-55

(1985). Canty has forfeited appellate review by

failing to file objections to the magistrate judge’s recommendation after receiving proper

notice. 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.