Coker v. Witkowski

920 F.2d 926, 1990 U.S. App. LEXIS 22049, 1990 WL 203804

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 17, 1990
• Docket: 90-7385
• Status: Unpublished

Opinion

920 F.2d 926
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Elford Guy COKER, Plaintiff-Appellant,
v.
S.R. WITKOWSKI, Warden, Robert W. Donlin, Assistant
Administrator, in their official and individual
capacities, State of South Carolina,
Defendants-Appellees.

No. 90-7385.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 3, 1990.
Decided Dec. 17, 1990.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Solomon Blatt, Jr., Senior District Judge. (CA-90-579)

Elford Guy Coker, appellant pro se.

Larry Lee Plumblee, Greenville, S.C., for appellees.

D.S.C.

AFFIRMED.

Before K.K. HALL, MURNAGHAN and WILKINSON, Circuit Judges.

PER CURIAM:

Elford Guy Coker appeals the district court's order dismissing this 42 U.S.C. Sec. 1983 action. Appellant's action was referred to a magistrate pursuant to 28 U.S.C. Sec. 636(b)(1)(B). The magistrate recommended that relief be denied and advised appellant that the failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, appellant failed to object to the magistrate's recommendation.

This Court has held that the timely filing of objections to a magistrate's recommendation is necessary to preserve appellate review of the substance of that recommendation where the parties have been warned that failure to object will waive appellate review. Wright v. Collins, 766 F.2d 841, 846 (4th Cir.1985) (quoting Carr v. Hutto, 737 F.2d 433, 434 (4th Cir.1984), cert. denied, 474 U.S. 1019 (1985)). See generally United States v. Schronce, 727 F.2d 91 (4th Cir.), cert. denied, 467 U.S. 1208 (1984). Appellant has waived appellate review by failing to file objections after receiving proper notice. We accordingly 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 the Court and argument would not aid the decisional process.