Robert Garrett, Jr. v. Chad Binkley ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6112
ROBERT LOUIS GARRETT, JR., a/k/a Chubby, a/k/a Chubb, a/k/a Tru, a/k/a
Kweli, a/k/a Justice,
Plaintiff - Appellant,
v.
CHAD BINKLEY; CHARLES M. WILLIAMS, JR.; KEVIN CROSS,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Cameron McGowan Currie, Senior District Judge. (0:18-cv-01416-CMC)
Submitted: August 24, 2021 Decided: August 26, 2021
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Robert Louis Garrett, Jr., Appellant Pro Se. David Allan DeMasters, DAVIDSON, WREN
& DEMASTERS, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Louis Garrett, Jr., a South Carolina prisoner, seeks to appeal the district
court’s order accepting the recommendation of the magistrate judge and granting
Defendants’ motions for summary judgment in Garrett’s 42 U.S.C. § 1983 civil rights
action. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B). The magistrate judge recommended that relief be denied and advised
Garrett that failure to file timely, specific objections to the recommendation would waive
appellate review of a district court order based on the recommendation. Garrett filed no
objections.
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. Martin v. Duffy, 858
F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see
also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Garrett has waived appellate review by
failing to file objections to the magistrate judge’s recommendation after receiving proper
notice. Accordingly, we affirm.
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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