Filed: Jul. 23, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1317 TITO LEMONT KNOX, Plaintiff - Appellant, v. ELIZABETH G. MAGERA, US Probation Officer in her Individual and official capacity; SERGIO A. SANCHEZ, Psychiatric in his Individual and official capacity, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:20-cv-00228-HMH) Submitted: July 21, 2020 Decided: Jul
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1317 TITO LEMONT KNOX, Plaintiff - Appellant, v. ELIZABETH G. MAGERA, US Probation Officer in her Individual and official capacity; SERGIO A. SANCHEZ, Psychiatric in his Individual and official capacity, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:20-cv-00228-HMH) Submitted: July 21, 2020 Decided: July..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1317
TITO LEMONT KNOX,
Plaintiff - Appellant,
v.
ELIZABETH G. MAGERA, US Probation Officer in her Individual and official
capacity; SERGIO A. SANCHEZ, Psychiatric in his Individual and official capacity,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at
Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:20-cv-00228-HMH)
Submitted: July 21, 2020 Decided: July 23, 2020
Before AGEE, DIAZ, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tito Lemont Knox, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tito Lemont Knox appeals the district court’s orders dismissing his civil rights
complaint filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics,
403 U.S. 388 (1971). The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (2018). After informing Knox of several pleading
deficiencies and allowing him to amend his complaint, the magistrate judge recommended
that the complaint as amended be dismissed for failure to state a claim. The magistrate
judge further advised Knox 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 Knox received proper notice
and filed timely objections to the magistrate judge’s recommendation, he has waived
appellate review because, as the district court ruled, the objections were not specific to the
particularized legal recommendations made by the magistrate judge. 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)).
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Accordingly, we affirm the amended 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
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