Filed: Oct. 29, 2003
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1672 ROGER ORME DAVENPORT, Plaintiff - Appellant, versus DEWEY L. ROBERTSON, SR.; INTERNAL REVENUE SERVICE, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge. (CA-02-3037-8-20BG) Submitted: October 23, 2003 Decided: October 29, 2003 Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1672 ROGER ORME DAVENPORT, Plaintiff - Appellant, versus DEWEY L. ROBERTSON, SR.; INTERNAL REVENUE SERVICE, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge. (CA-02-3037-8-20BG) Submitted: October 23, 2003 Decided: October 29, 2003 Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opin..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1672
ROGER ORME DAVENPORT,
Plaintiff - Appellant,
versus
DEWEY L. ROBERTSON, SR.; INTERNAL
REVENUE SERVICE,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge.
(CA-02-3037-8-20BG)
Submitted: October 23, 2003 Decided: October 29, 2003
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Roger Orme Davenport, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Roger Orme Davenport appeals from the district court’s order
accepting the recommendation of the magistrate judge and denying
his motion to vacate the court’s order granting summary judgment
for the United States in an action to determine interests in
property sold by the Internal Revenue Service to satisfy
Davenport’s tax liens. 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
Davenport that failure to file timely, specific objections to this
recommendation could waive appellate review of a district court
order based upon the recommendation. Despite this warning,
Davenport failed, with one exception, 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 that failure to object will waive appellate review. See
Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985); see also
Thomas v. Arn,
474 U.S. 140 (1985). Davenport has therefore waived
appellate review by failing to file specific objections after
receiving proper notice.
Davenport did specifically object to the magistrate’s
recommendation as to the court’s subject matter jurisdiction in the
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underlying action. As to this claim, we have reviewed the record
and find no reversible error. See 28 U.S.C. § 1442(a)(1) (2000);
Willingham v. Morgan,
395 U.S. 402, 406 (1969). Accordingly, we
grant Davenport’s motion to amend his informal brief and affirm the
judgment of the district court. We deny Davenport’s motions to
void the judgment, for sanctions, and for an en banc hearing. 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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