USCA4 Appeal: 23-6383 Doc: 10 Filed: 02/05/2024 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6383

DAVID LYNN BELL,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, District Judge. (3:21-cv-00148-GMG)

Submitted: January 30, 2024 Decided: February 5, 2024

Before KING, AGEE, and THACKER, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

David Lynn Bell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6383 Doc: 10 Filed: 02/05/2024 Pg: 2 of 3

PER CURIAM:

David Lynn Bell appeals the district court’s order adopting the magistrate judge’s

recommendations and dismissing for lack of subject matter jurisdiction Bell’s civil action

seeking relief under the Federal Tort Claims Act,

(b), 2671-80 (FTCA).

The district court appropriately reviewed de novo two of Bell’s timely-filed objections to

the magistrate judge’s report. See United States v. De Leon-Ramirez,

(4th Cir. 2019) (noting requirement from Federal Magistrates Act,

(b)(1),

that district courts conduct de novo review of portions of report to which specific objections

are made). However, the court conducted only a clear error review of Bell’s objections to

the magistrate judge’s dispositive finding that the discretionary function exception to the

FTCA foreclosed his claim. The court found that de novo review was not required because

Bell’s objection mirrored arguments that he previously had raised in his response brief,

which the magistrate judge considered.

Our review of Bell’s objections reveals that they were sufficiently specific to

warrant de novo review by the district court. See Osmon v. United States,

(4th Cir. 2023) (“[A] party wishing to avail itself of its right to de novo review must

be sufficiently specific to focus the district court’s attention on the factual and legal issues

that are truly in dispute.” (internal quotation marks omitted)). Importantly, “[i]t is

immaterial that [Bell’s] objections resembled arguments he had made previously; district

courts must solely consider the specificity, not the novelty, of objections to magistrate

recommendations.” Elijah v. Dunbar,

(4th Cir. 2023); see also Osmon,

(“[A] party need not frame its arguments anew when it objects.”).

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Because the district court did not conduct a de novo review of the magistrate judge’s

dispositive finding, we vacate the court’s order and remand with instructions to review

Bell’s objections to this finding de novo. See Elijah,

(explaining that “we

generally don’t reach factual or legal questions in a magistrate judge’s report that were not

first subject to de novo review by the district court” and remanding to “ensure appropriate

district court review” (internal quotation marks omitted)).

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.

VACATED AND REMANDED

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