Thomas Jacobi Allen v. United States ( 2024 )


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  • USCA4 Appeal: 24-1519      Doc: 10         Filed: 11/13/2024    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 24-1519
    THOMAS C. JACOBI ALLEN,
    Plaintiff - Appellant,
    v.
    UNITED STATES OF AMERICA,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of South Carolina, at
    Columbia. Jacquelyn Denise Austin, District Judge. (3:24-cv-01325-JDA)
    Submitted: November 4, 2024                                 Decided: November 13, 2024
    Before WYNN, HARRIS, and BERNER, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Thomas C. Jacobi Allen, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 24-1519      Doc: 10         Filed: 11/13/2024      Pg: 2 of 2
    PER CURIAM:
    Thomas C. Jacobi Allen appeals the district court’s order accepting the
    recommendation of the magistrate judge and dismissing Allen’s civil action, brought
    pursuant to the Individuals with Disabilities Education Act, 
    20 U.S.C. §§ 1400-1482
    ,
    without prejudice and without issuance and service of process. The district court referred
    the pretrial matters to a magistrate judge pursuant to 
    28 U.S.C. § 636
    (b)(1). The magistrate
    judge recommended that the case be summarily dismissed as frivolous and advised Allen
    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). Allen has forfeited appellate review by
    failing to file objections to the magistrate judge’s recommendation after receiving proper
    notice. Accordingly, we affirm the district court’s order. Allen v. United States, No. 3:24-
    cv-01325-JDA (D.S.C. May 23, 2024). We deny Allen’s motions for default judgment and
    for other forms of relief. 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
    2
    

Document Info

Docket Number: 24-1519

Filed Date: 11/13/2024

Precedential Status: Non-Precedential

Modified Date: 11/14/2024