Filed: Dec. 22, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1876 THEODORE THOMAS WAGNER, Plaintiff - Appellant, v. OFFICER MONICA HAMPTON, all in their Individual and Official Capacity; OFFICER RUTH DAUGHERTY, all in their Individual and Official Capacity; OFFICER DONALD SIMMONS, all in their Individual and Official Capacity; LA TOSHIA SPEARING, all in their Individual and Official Capacity; PAYCOMPUTERMONITORING.COM, all in their Individual and Official Capacity, Defendants – Appel
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1876 THEODORE THOMAS WAGNER, Plaintiff - Appellant, v. OFFICER MONICA HAMPTON, all in their Individual and Official Capacity; OFFICER RUTH DAUGHERTY, all in their Individual and Official Capacity; OFFICER DONALD SIMMONS, all in their Individual and Official Capacity; LA TOSHIA SPEARING, all in their Individual and Official Capacity; PAYCOMPUTERMONITORING.COM, all in their Individual and Official Capacity, Defendants – Appell..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1876
THEODORE THOMAS WAGNER,
Plaintiff - Appellant,
v.
OFFICER MONICA HAMPTON, all in their Individual and Official
Capacity; OFFICER RUTH DAUGHERTY, all in their Individual
and Official Capacity; OFFICER DONALD SIMMONS, all in their
Individual and Official Capacity; LA TOSHIA SPEARING, all in
their Individual and Official Capacity;
PAYCOMPUTERMONITORING.COM, all in their Individual and
Official Capacity,
Defendants – Appellees,
NATIONAL CHILD PROTECTION TRAINING CENTER,
Movant – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. G. Ross Anderson, Jr., Senior
District Judge. (2:13-cv-02406-GRA)
Submitted: December 18, 2014 Decided: December 22, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Theodore Thomas Wagner, Appellant Pro Se. Barbara Murcier
Bowens, Assistant United States Attorney, Columbia, South
Carolina; Jenna Kiziah McGee, PARKER, POE, ADAMS & BERNSTEIN,
LLC, Charleston, South Carolina; John Francis Kuppens, Columbia,
South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Theodore Thomas Wagner appeals the district court’s
order denying relief on his 42 U.S.C. § 1983 (2012) complaint.
The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate
judge recommended that relief be denied and advised Wagner 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). Wagner
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 this court and argument would not aid the decisional
process.
AFFIRMED
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