Filed: Mar. 31, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7666 JOHN JACOB YORKEY, Plaintiff - Appellant, v. WARDEN MICHAEL PETTIFORD, FCI Bennettsville; ASSISTANT WARDEN A. MANSUKHANI, FCI Bennettsville; MD L BERROUS, FCI Bennettsville; WARDEN FCI MARIANNA; DR J BERROUS, FCI Bennettsville, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge. (8:07-cv-01037-HMH) Submitted: March
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7666 JOHN JACOB YORKEY, Plaintiff - Appellant, v. WARDEN MICHAEL PETTIFORD, FCI Bennettsville; ASSISTANT WARDEN A. MANSUKHANI, FCI Bennettsville; MD L BERROUS, FCI Bennettsville; WARDEN FCI MARIANNA; DR J BERROUS, FCI Bennettsville, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge. (8:07-cv-01037-HMH) Submitted: March 2..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7666
JOHN JACOB YORKEY,
Plaintiff - Appellant,
v.
WARDEN MICHAEL PETTIFORD, FCI Bennettsville; ASSISTANT WARDEN
A. MANSUKHANI, FCI Bennettsville; MD L BERROUS, FCI
Bennettsville; WARDEN FCI MARIANNA; DR J BERROUS, FCI
Bennettsville,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., District
Judge. (8:07-cv-01037-HMH)
Submitted: March 25, 2008 Decided: March 31, 2008
Before MOTZ, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John Jacob Yorkey, Appellant Pro Se. Barbara Murcier Bowens,
Assistant United States Attorney, Columbia, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Jacob Yorkey appeals the district court’s order
denying relief on his complaint filed pursuant to Bivens v. Six
Unknown Named Agents of Fed. 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) (2000). The magistrate
judge recommended that relief be denied and advised Yorkey that
failure to file specific timely objections to this recommendation
could waive appellate review of a district court order based upon
the recommendation. Despite this warning, Yorkey failed to file
specific objections to the magistrate judge’s 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. Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn,
474
U.S. 140 (1985). Yorkey has waived appellate review by failing to
timely file specific objections 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
the court and argument would not aid the decisional process.
AFFIRMED
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