James Barnett, Jr. v. Samuel Page

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6566
JAMES ANTHONY BARNETT, JR.,
Plaintiff - Appellant,
v.
SHERIFF SAMUEL W. PAGE; NURSE JENNY THOMAS,
Defendants - Appellees.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Loretta C. Biggs, District Judge. (1:15-cv-01064-LCB-JLW)
Submitted: August 16, 2018 Decided: August 21, 2018
Before WYNN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
James Anthony Barnett, Jr., Appellant Pro Se. Torin L. Fury, William L. Hill, FRAZIER
HILL & FURY, RLLP, Greensboro, North Carolina; Jay C. Salsman, HARRIS, CREECH,
WARD & BLACKERBY, New Bern, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Anthony Barnett, Jr., appeals the district court’s order and judgment
dismissing his civil rights 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 Barnett 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 also Thomas v. Arn, 474 U.S. 140 (1985). Barnett
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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