Filed: May 24, 2011
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6166 GARY WAITERS, Plaintiff - Appellant, v. DR. CROSS; MR. BENJAMIN; MRS. SPIKE; MR. MARSHALL; MR. QUMBLEY, official and individual capacities, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. J. Michelle Childs, District Judge. (3:09-cv-02686-JMC) Submitted: May 19, 2011 Decided: May 24, 2011 Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit Judg
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6166 GARY WAITERS, Plaintiff - Appellant, v. DR. CROSS; MR. BENJAMIN; MRS. SPIKE; MR. MARSHALL; MR. QUMBLEY, official and individual capacities, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. J. Michelle Childs, District Judge. (3:09-cv-02686-JMC) Submitted: May 19, 2011 Decided: May 24, 2011 Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit Judge..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6166
GARY WAITERS,
Plaintiff - Appellant,
v.
DR. CROSS; MR. BENJAMIN; MRS. SPIKE; MR. MARSHALL; MR.
QUMBLEY, official and individual capacities,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. J. Michelle Childs, District
Judge. (3:09-cv-02686-JMC)
Submitted: May 19, 2011 Decided: May 24, 2011
Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Gary Waiters, Appellant Pro Se. Marshall Hodges Waldron, Jr.,
GRIFFITH & SADLER, PA, Beaufort, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gary Waiters 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. 2010). The
magistrate judge recommended that relief be denied and advised
Waiters that failure to timely file 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).
Waiters has waived appellate review by failing to timely file
specific 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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