Filed: May 11, 2007
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6698 QUINTON L. BRISBANE, Plaintiff - Appellant, versus BEAUFORT COUNTY SHERIFF’S DEPARTMENT; C. L. WILSON, Corporal; J. PURDY, Sergeant; S. RODRIGUEZ, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Henry M. Herlong, Jr., District Judge. (4:04-cv-00401-HMH) Submitted: August 31, 2006 Decided: May 11, 2007 Before MICHAEL, MOTZ, and GREGORY, Circuit Judges
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6698 QUINTON L. BRISBANE, Plaintiff - Appellant, versus BEAUFORT COUNTY SHERIFF’S DEPARTMENT; C. L. WILSON, Corporal; J. PURDY, Sergeant; S. RODRIGUEZ, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Henry M. Herlong, Jr., District Judge. (4:04-cv-00401-HMH) Submitted: August 31, 2006 Decided: May 11, 2007 Before MICHAEL, MOTZ, and GREGORY, Circuit Judges...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6698
QUINTON L. BRISBANE,
Plaintiff - Appellant,
versus
BEAUFORT COUNTY SHERIFF’S DEPARTMENT; C. L.
WILSON, Corporal; J. PURDY, Sergeant; S.
RODRIGUEZ,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Henry M. Herlong, Jr., District
Judge. (4:04-cv-00401-HMH)
Submitted: August 31, 2006 Decided: May 11, 2007
Before MICHAEL, MOTZ, and GREGORY, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Quinton L. Brisbane, Appellant Pro Se. Marshall Hodges Waldron,
Jr.; Katy Anne Rice, CAROLINA LITIGATION ASSOCIATES, LLC, Bluffton,
South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Quinton L. Brisbane seeks to appeal the district court’s
order denying relief on his 42 U.S.C. § 1983 (2000) complaint. The
district court referred this case to a magistrate judge pursuant to
28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended
that relief be denied and advised Brisbane that failure to file
timely and specific objections to this recommendation could waive
appellate review of a district court order based upon the
recommendation. Despite this warning, Brisbane’s objections to the
magistrate judge’s recommendation were non-specific.
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. Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn,
474
U.S. 140 (1985). Brisbane has waived appellate review by failing
to timely file specific objections after receiving proper notice.
Accordingly, we affirm the judgment of the district court as
modified to reflect that the dismissal of Brisbane’s pendent state
law claims should be dismissed without prejudice.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED
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