Townsend v. Rogers , 179 F. App'x 205 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6608
MILTON TOWNSEND,
Plaintiff - Appellant,
versus
W. P. ROGERS, Regional Director; MARCIA SEAY,
Institutional Ombudsman; SUSAN CARSON,
Operations Officer; ALTON BASKERVILLE, Warden;
SHEILA HUGHES, Assistant Grievance Ombudsman,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-03-781)
Submitted: July 21, 2006 Decided: August 10, 2006
Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Milton Townsend, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Milton Townsend, a Virginia inmate, appealed the
district court’s order accepting the report and recommendation of
the magistrate judge and dismissing Townsend’s 42 U.S.C. § 1983(2000) complaint. On appeal, Townsend contended that he did not
receive notice of the magistrate judge’s report. We remanded for
further proceedings on whether Townsend received the report. After
an evidentiary hearing held by the magistrate judge, the magistrate
judge’s report proposed that Townsend did not receive timely notice
of the original report. Neither party filed objections and the
district court adopted the report and forwarded its memorandum and
order upon remand to this court.
Because Townsend did not receive timely notice of the
magistrate judge’s report and recommendation, we vacate the
district court’s final order dismissing Townsend’s complaint
entered April 5, 2004. We remand the case to the district court
for further proceedings to give Townsend the opportunity to file
objections to the magistrate judge’s report and recommendation
entered February 27, 2004, or file an amended complaint, as
outlined in the magistrate judge’s report. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
VACATED AND REMANDED
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