Denardis Kilgo v. Christopher Scalzo

USCA4 Appeal: 22-6589 Doc: 18 Filed: 12/19/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6589
DENARDIS JAMONT KILGO,
Plaintiff - Appellant,
v.
CHRISTOPHER SCALZO; PUBLIC DEFENDER’S OFFICE; 13TH JUDICIAL
CIRCUIT, Due Process System,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at
Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:22-cv-00815-HMH)
Submitted: December 15, 2022 Decided: December 19, 2022
Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Denardis Jamont Kilgo, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6589 Doc: 18 Filed: 12/19/2022 Pg: 2 of 2
PER CURIAM:
Denardis Jamont Kilgo appeals the district court’s order dismissing 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 Kilgo 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). Kilgo 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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