Filed: Sep. 14, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6650 WILLIE JAMES ASBURY, a/k/a Sa’id Abdullah Al’Rashid, Plaintiff - Appellant, v. DAVID TARTARSKY; DON DRISKELL; JOETTE SCARBOROUGH; DENNIS BUSH; SHARONDA SUTTON; GREGORY WASHINGTON; DR. J. TOMARCHIO; NURSE SMITH, a/k/a Takisha Smith; NURSE MONROE, a/k/a Yvonne Munro; LIEUTENANT COPELAND, a/k/a Dock Copeland, IV; SERGEANT CUNNINGHAM, a/k/a Patricia Cunningham, Defendants – Appellees, JOHN KINARD; JAMES BARBER, III; JOSEPH
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6650 WILLIE JAMES ASBURY, a/k/a Sa’id Abdullah Al’Rashid, Plaintiff - Appellant, v. DAVID TARTARSKY; DON DRISKELL; JOETTE SCARBOROUGH; DENNIS BUSH; SHARONDA SUTTON; GREGORY WASHINGTON; DR. J. TOMARCHIO; NURSE SMITH, a/k/a Takisha Smith; NURSE MONROE, a/k/a Yvonne Munro; LIEUTENANT COPELAND, a/k/a Dock Copeland, IV; SERGEANT CUNNINGHAM, a/k/a Patricia Cunningham, Defendants – Appellees, JOHN KINARD; JAMES BARBER, III; JOSEPH ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6650
WILLIE JAMES ASBURY, a/k/a Sa’id Abdullah Al’Rashid,
Plaintiff - Appellant,
v.
DAVID TARTARSKY; DON DRISKELL; JOETTE SCARBOROUGH; DENNIS
BUSH; SHARONDA SUTTON; GREGORY WASHINGTON; DR. J. TOMARCHIO;
NURSE SMITH, a/k/a Takisha Smith; NURSE MONROE, a/k/a Yvonne
Munro; LIEUTENANT COPELAND, a/k/a Dock Copeland, IV;
SERGEANT CUNNINGHAM, a/k/a Patricia Cunningham,
Defendants – Appellees,
JOHN KINARD; JAMES BARBER, III; JOSEPH MCCROREY; DAVID
NORTON,
Defendants.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Richard Mark Gergel, District
Judge. (8:13-cv-03364-RMG)
Submitted: September 9, 2015 Decided: September 14, 2015
Before SHEDD, WYNN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Willie J. Asbury, Appellant Pro Se. William Henry Davidson, II,
Todd Russell Flippin, DAVIDSON & LINDEMANN, PA, Columbia, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Willie James Asbury 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 Asbury that
failure to file 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). By failing to file specific
objections to the magistrate judge’s recommendation with regard
to some of his claims, after receiving proper notice, Asbury has
waived appellate review of those claims.
With regard to the claims to which Asbury filed specific
objections, we have reviewed the record and discern no
reversible error. Accordingly, we affirm the judgment of the
district court. Asbury v. Tartarsky, No. 8:13-cv-03364-RMG
(D.S.C. Mar. 12, 2015). We dispense with oral argument because
the facts and legal contentions are adequately presented in the
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materials before this court and argument would not aid the
decisional process.
AFFIRMED
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