Filed: Mar. 31, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2476 JAMES MILTON DEVONE, SR., Plaintiff - Appellant, v. NATIONAL CASUALTY CO., INC., a/k/a Scottsdale Insurance Co., Defendant - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., District Judge. (1:12-cv-00680-JAB-LPA) Submitted: March 27, 2014 Decided: March 31, 2014 Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2476 JAMES MILTON DEVONE, SR., Plaintiff - Appellant, v. NATIONAL CASUALTY CO., INC., a/k/a Scottsdale Insurance Co., Defendant - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., District Judge. (1:12-cv-00680-JAB-LPA) Submitted: March 27, 2014 Decided: March 31, 2014 Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2476
JAMES MILTON DEVONE, SR.,
Plaintiff - Appellant,
v.
NATIONAL CASUALTY CO., INC., a/k/a Scottsdale Insurance Co.,
Defendant - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
District Judge. (1:12-cv-00680-JAB-LPA)
Submitted: March 27, 2014 Decided: March 31, 2014
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Milton DeVone, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Milton DeVone, Sr., seeks to appeal the district
court’s order dismissing his civil complaint. The district
court referred this case to a magistrate judge pursuant to 28
U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended
that the complaint be dismissed for failure to state a claim,
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (2012), and that
failure to file timely and 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. Wright v. Collins,
766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn,
474 U.S. 140 (1985). DeVone
has waived appellate review by failing to file specific
objections after receiving proper notice. Accordingly, we deny
leave to proceed in forma pauperis and dismiss the appeal.
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.
DISMISSED
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