Christopher West v. William Byars, Jr. , 627 F. App'x 181 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6628
CHRISTOPHER WEST,
Plaintiff – Appellant,
v.
DIRECTOR WILLIAM R. BYARS, JR., in his individual and
official capacity as corrections employees of the State of
South Carolina, Kerhsaw State Prison; WARDEN CECILIA
REYNOLDS, in her individual and official capacity as
corrections employees of the State of South Carolina,
Kershaw State Prison; ASSOCIATE WARDEN JERRY WASHINGTON, in
his individual and official capacity as corrections
employees of the State of South Carolina, Kershaw State
Prison; MAJOR DARREN SEWARD, in his individual and official
capacity as corrections employees of the State of South
Carolina, Kershaw State Prison; CAPTAIN DANIEL DUBOSE, in
his individual and official capacity as corrections
employees of the State of South Carolina, Kerhsaw State
Prison; LIEUTENANT CLAUDE POWELL, in his individual and
official capacity as corrections employees of the State of
South Carolina, Kershaw State Prison; SERGEANT KRISTOPHER
SWEET, in his individual and official capacity as
corrections employees of the State of South Carolina,
Kershaw State Prison; CORPORAL JEREMY TARLTON, in his
individual and official capacity as corrections employees
of the State of South Carolina, Kershaw State Prison;
OFFICER LAWRENCE TAYLOR, in his individual and official
capacity as corrections employees of the State of South
Carolina, Kershaw State Prison; NURSE LUANNE MUNGO, in her
individual and official capacity as corrections employees
of the State of South Carolina, Kershaw State Prison,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. David C. Norton, District Judge.
(5:13-cv-00981-DCN)
Submitted: December 17, 2015 Decided: December 21, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Christopher West, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Christopher West 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 West that failure to file
timely 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 Massey v.
Ojaniit, 759 F.3d 343, 352 (4th Cir. 2014). West has waived
appellate review by failing to timely file 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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