Jordan Mitchell v. District Attorney ( 2022 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7603
JORDAN NATHANIEL MITCHELL,
Plaintiff - Appellant,
v.
DISTRICT ATTORNEY; SHERIFF ROGERS,
Defendants - Appellees.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, Chief District Judge. (1:21-cv-00552-TDS-LPA)
Submitted: March 24, 2022 Decided: April 11, 2022
Before AGEE and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jordan Nathaniel Mitchell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jordan Nathaniel Mitchell appeals the district court’s order denying relief on his 42
U.S.C. § 1983 complaint. 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 Mitchell that failure to file timely, specific 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. 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). Mitchell has waived appellate review
by failing to file objections to the magistrate judge’s recommendation 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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