William Kinard v. Katrina Brigman
William Kinard v. Katrina Brigman
Opinion
USCA4 Appeal: 25-6606 Doc: 18 Filed: 10/21/2025 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 25-6606
WILLIAM KINARD, a/k/a William Smith,
Plaintiff - Appellant,
v.
CORPORAL KATRINA BRIGMAN; OFFICE DEMETRIS RIVERS; SERGEANT ELAIN GERMAN; PATROL OFFICER TYLER G. SMITH,
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-02280-JD)
Submitted: October 16, 2025 Decided: October 21, 2025
Before KING, AGEE, and RICHARDSON, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William Kinard, Appellant Pro Se. David Allen Anderson, Carmen Vaughn Ganjehsani, RICHARDSON PLOWDEN & ROBINSON, PA, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6606 Doc: 18 Filed: 10/21/2025 Pg: 2 of 3
PER CURIAM:
William Kinard appeals the district court’s order granting summary judgment to
Defendants on Kinard’s
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 summary judgment be granted and advised 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 Kinard received proper notice
and filed timely objections to the magistrate judge’s recommendation, his 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)).
Specifically, Kinard did not dispute the magistrate judge’s determination that, because his
parole revocation had not been invalidated, his § 1983 claims for false arrest and malicious
prosecution were barred by Heck v. Humphrey,
512 U.S. 477(1994).
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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
3
Reference
- Status
- Unpublished