Filed: May 08, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8239 ALBERT D. PAGE, Plaintiff – Appellant, v. CECILIA REYNOLDS, Warden; JAMES JEFFERSON, Lieutenant Supervisor; NANCY PRICE, Officer; JON OZMINT, Director, South Carolina Department of Corrections in their official and individual capacities; LAMANDY PERRY, Officer; ALLISON MCCASKILL, Nurse; DOCTOR MCKENNEY; DOCTOR DUFFY, a/k/a Doctor McDuffy, orthopedic specialist; DEFENDANTS, Defendants – Appellees. Appeal from the United
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8239 ALBERT D. PAGE, Plaintiff – Appellant, v. CECILIA REYNOLDS, Warden; JAMES JEFFERSON, Lieutenant Supervisor; NANCY PRICE, Officer; JON OZMINT, Director, South Carolina Department of Corrections in their official and individual capacities; LAMANDY PERRY, Officer; ALLISON MCCASKILL, Nurse; DOCTOR MCKENNEY; DOCTOR DUFFY, a/k/a Doctor McDuffy, orthopedic specialist; DEFENDANTS, Defendants – Appellees. Appeal from the United ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8239
ALBERT D. PAGE,
Plaintiff – Appellant,
v.
CECILIA REYNOLDS, Warden; JAMES JEFFERSON, Lieutenant
Supervisor; NANCY PRICE, Officer; JON OZMINT, Director,
South Carolina Department of Corrections in their official
and individual capacities; LAMANDY PERRY, Officer; ALLISON
MCCASKILL, Nurse; DOCTOR MCKENNEY; DOCTOR DUFFY, a/k/a
Doctor McDuffy, orthopedic specialist; DEFENDANTS,
Defendants – Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Henry F. Floyd, District Judge.
(9:07-cv-03060-HFF)
Submitted: April 22, 2009 Decided: May 8, 2009
Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Albert D. Page, Appellant Pro Se. William Henry Davidson, II,
Joel Steve Hughes, DAVIDSON & LINDEMANN, PA, Columbia, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Albert D. Page appeals the district court’s order
dismissing with prejudice Page’s 42 U.S.C. § 1983 (2000)
complaint alleging deliberate indifference to his serious
medical needs and excessive force. His claims were referred to
a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006).
The magistrate judge found Page’s claims to be without merit,
and recommended the district court deny relief. Page filed
objections to the magistrate judge’s findings with regard to
Page’s excessive force claim, but failed to object to the
magistrate judge’s deliberate indifference findings. The
district court overruled Page’s objections and dismissed with
prejudice Page’s claims.
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.
See Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985).
Accordingly, we find that Page has waived appellate review of
the claim of deliberate indifference to his serious medical
needs. We affirm the judgment of the district court as to this
claim.
Concerning the remainder of Page’s appeal, we have
reviewed the record, and find no reversible error. Accordingly,
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we affirm for the reasons stated by the district court. See
Page v. Reynolds, No. 9:07-cv-03060-HFF (D.S.C. Sept. 29, 2008).
We deny Page’s motions to depose a witness and for summary
disposition. 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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