Filed: Dec. 31, 2002
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7167 SHONDELL M. FLETCHER, Plaintiff - Appellant, versus WOMEN’S CORRECTIONAL INSTITUTION; SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Medical, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Falcon B. Hawkins, Senior District Judge. (CA-02-1663-4-11-B) Submitted: December 19, 2002 Decided: December 31, 2002 Before WILKINS and KING, Circuit Judges, and HAMI
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7167 SHONDELL M. FLETCHER, Plaintiff - Appellant, versus WOMEN’S CORRECTIONAL INSTITUTION; SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Medical, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Falcon B. Hawkins, Senior District Judge. (CA-02-1663-4-11-B) Submitted: December 19, 2002 Decided: December 31, 2002 Before WILKINS and KING, Circuit Judges, and HAMIL..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7167
SHONDELL M. FLETCHER,
Plaintiff - Appellant,
versus
WOMEN’S CORRECTIONAL INSTITUTION; SOUTH
CAROLINA DEPARTMENT OF CORRECTIONS, Medical,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Falcon B. Hawkins, Senior District
Judge. (CA-02-1663-4-11-B)
Submitted: December 19, 2002 Decided: December 31, 2002
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Shondell M. Fletcher, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Shondell M. Fletcher appeals the district court’s order
dismissing without prejudice her 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 the complaint be dismissed without prejudice and
advised that failure to file specific written objections shall
constitute a waiver of a party’s right to further judicial review,
including appellate review. The magistrate judge also noted that
“any written objections must specifically identify the portions of
the Report and Recommendation to which objections are made and the
basis for such objections.” Despite this warning, Fletcher failed
to note specific objections to the magistrate judge’s
recommendation.
The timely filing of 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
that failure to object will waive appellate review. Wright v.
Collins,
766 F.2d 841, 844-46 (4th Cir. 1985); see also Orpiano v.
Johnson,
687 F.2d 44, 47 (4th Cir. 1982) (failure to file specific
objections to particular conclusions in magistrate judge’s report,
after being warned of consequences waives further review). Because
Fletcher was warned of the consequences of failing to file specific
objections and because she failed to specify the portions of the
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magistrate judge’s report to which she objected, we find that
Fletcher has waived appellate review. 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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