Filed: Nov. 20, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7253 DENNIS MAURICE TEMPLE, a/k/a Dennis Temple, Plaintiff - Appellant, v. SHERIFF JAMES SINGLETON, in his individual capacity; CAPTAIN GREG REED, in his individual capacity; SERGEANT SCOTT ARNOLD, in his individual capacity; SERGEANT JERRY MOSS, in his individual capacity; SOLICITOR CHRISSY T. ADAMS, in her individual capacity; ASSISTANT SOLICITOR LINDSEY S. SIMMONS, in her individual capacity; ANDERSON-INDEPENDENT NEWSPAP
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7253 DENNIS MAURICE TEMPLE, a/k/a Dennis Temple, Plaintiff - Appellant, v. SHERIFF JAMES SINGLETON, in his individual capacity; CAPTAIN GREG REED, in his individual capacity; SERGEANT SCOTT ARNOLD, in his individual capacity; SERGEANT JERRY MOSS, in his individual capacity; SOLICITOR CHRISSY T. ADAMS, in her individual capacity; ASSISTANT SOLICITOR LINDSEY S. SIMMONS, in her individual capacity; ANDERSON-INDEPENDENT NEWSPAPE..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7253
DENNIS MAURICE TEMPLE, a/k/a Dennis Temple,
Plaintiff - Appellant,
v.
SHERIFF JAMES SINGLETON, in his individual capacity; CAPTAIN
GREG REED, in his individual capacity; SERGEANT SCOTT
ARNOLD, in his individual capacity; SERGEANT JERRY MOSS, in
his individual capacity; SOLICITOR CHRISSY T. ADAMS, in her
individual capacity; ASSISTANT SOLICITOR LINDSEY S. SIMMONS,
in her individual capacity; ANDERSON-INDEPENDENT NEWSPAPER,
INC.; REPORTER JOHN DOE, a/k/a Don Kausler; DAILY JOURNAL
NEWSPAPER, INC.; REPORTER ANDREW MOORE, in his individual
capacity; REPORTER NORMAN CANNON, in his individual
capacity; GREENVILLE NEWSPAPER, INC.; PUBLISHER STEVEN R.
BRANDT, in his individual capacity; EDITOR JOHN PITTMAN, in
his individual capacity; FOX CAROLINA NEWS, INC.; REPORTER
CODY ALCORN, in his individual capacity; REPORTER DIANA
WATSON, in her individual capacity; NEWS 13, INC.; REPORTER
DARCEL GRIMES, in his individual capacity; REPORTER TAMMY
WATFORD, in her individual capacity; NEWS 7, INC.; REPORTER
GORDON DILL, in his individual capacity; REPORTER TOM
CRABTREE, in his individual capacity; NEWS 4, INC.; REPORTER
CAROL GOLDSMITH, in her individual capacity; REPORTER NIGEL
ROBERTSON, in his individual capacity; OCONEE COUNTY,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Joseph F. Anderson, Jr., Senior
District Judge. (8:14-cv-04832-JFA)
Submitted: November 17, 2015 Decided: November 20, 2015
Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dennis M. Temple, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Dennis Maurice Temple appeals from the district court’s
judgment dismissing his 42 U.S.C. § 1983 (2012) civil rights
action. 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 the complaint be dismissed
and advised Temple that failure to file timely and specific
objections to this recommendation could waive appellate review
of a district court judgment 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.
United States v. Benton,
523 F.3d 424, 428 (4th Cir. 2008)
(holding that a “general objection” to a magistrate judge’s
finding is insufficient to preserve a claim for appellate
review); Diamond v. Colonial Life & Accident Ins. Co.,
416 F.3d
310, 315 (4th Cir. 2005) (“We have long held that the Federal
Magistrates Act cannot be interpreted to permit a party to
ignore his right to file objections with the district court
without imperiling his right to raise the objections in the
circuit court of appeals.” (internal quotation marks,
alterations, and ellipsis omitted)); Wright v. Collins,
766 F.2d
841, 846 (4th Cir. 1985) (“[W]e hold that a pro se litigant must
3
receive fair notification of the consequences of failure to
object to a magistrate’s report before such a procedural default
will result in waiver of the right of appeal.”). Temple has
waived appellate review of the district court’s judgment by
filing nonspecific objections to the magistrate judge’s
recommendation after receiving proper notice. Accordingly, we
affirm the district court’s judgment.
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
4