Filed: Mar. 20, 2012
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6040 LARRY DURRANCE, Plaintiff – Appellant, v. LAVERN COHEN, Warden; DR. MOORE, Medical Director; DR. HAMMOCK, resident MD; NURSE DAVIS, RN, Head Nurse; NURSE CANADY, LPN; NURSE SIMMONS, LPN, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. J. Michelle Childs, District Judge. (2:11-cv-00368-JMC) Submitted: March 15, 2012 Decided: March 20, 2012 Before DU
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6040 LARRY DURRANCE, Plaintiff – Appellant, v. LAVERN COHEN, Warden; DR. MOORE, Medical Director; DR. HAMMOCK, resident MD; NURSE DAVIS, RN, Head Nurse; NURSE CANADY, LPN; NURSE SIMMONS, LPN, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. J. Michelle Childs, District Judge. (2:11-cv-00368-JMC) Submitted: March 15, 2012 Decided: March 20, 2012 Before DUN..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6040
LARRY DURRANCE,
Plaintiff – Appellant,
v.
LAVERN COHEN, Warden; DR. MOORE, Medical Director; DR.
HAMMOCK, resident MD; NURSE DAVIS, RN, Head Nurse; NURSE
CANADY, LPN; NURSE SIMMONS, LPN,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. J. Michelle Childs, District
Judge. (2:11-cv-00368-JMC)
Submitted: March 15, 2012 Decided: March 20, 2012
Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Larry Durrance, Appellant Pro Se. Jason Franklin Ward, HOWELL,
GIBSON & HUGHES, PA, Beaufort, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry Durrance appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2006) complaint. The
district court referred this case to a magistrate judge pursuant
to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2011). The
magistrate judge recommended that relief be denied and advised
Durrance 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).
Durrance has waived appellate review by failing to file
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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