Ekoko Avoki v. City of Chester, SC

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 3, 2023
• Docket: 23-1088
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1088 Doc: 12 Filed: 08/03/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1088

EKOKO K. AVOKI; FRANCISCO K. AVOKI,

Plaintiffs - Appellants,

v.

CITY OF CHESTER, SC; POLICE OF CHESTER SC; PTL COVINGTON, (individually); DOE I-XXX,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Sherri A. Lydon, District Judge. (0:17-cv-01141-SAL)

Submitted: July 27, 2023 Decided: August 3, 2023

Before AGEE, THACKER, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ekoko K. Avoki, Francisco K. Avoki, Appellants Pro Se. William Henry Davidson, II, DAVIDSON, WREN & DEMASTERS, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1088 Doc: 12 Filed: 08/03/2023 Pg: 2 of 3

PER CURIAM:

Francisco and Ekoko Avoki (“the Avokis”) appeal the district court’s orders

adopting the magistrate judge’s recommendations and granting Defendant summary

judgment in the Avokis’ 42 U.S.C. § 1983 action. As to the first of the dispositive orders,

which was entered on March 6, 2020, we have reviewed the Avokis’ arguments on appeal

in conjunction with the record and discern no reversible error. Accordingly, we affirm the

district court’s order, which granted Defendants partial summary judgment. Avoki v. City

of Chester, S.C., No. 0:17-cv-01141-SAL (D.S.C. Mar. 6, 2020).

The Avokis also challenge the district court’s later order, entered on January 5,

2023, which granted Defendants summary judgment on the Avokis’ Fourth Amendment

and retaliation claims. 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 on these

claims be denied and advised the Avokis 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

* The Avokis assign error to the district court referring their pro se civil action to a magistrate judge because they did not consent to adjudication by a magistrate judge. We discern no error, see Kerr v. Marshall Univ. Bd. of Governors, 824 F.3d 62, 72 (4th Cir. 2016) (explaining that the Federal Magistrate’s Act, 28 U.S.C. § 636(b), “permits a district court to assign any pretrial matter to a magistrate judge”), and further observe that the district judge properly reviewed de novo those aspects of the magistrate judge’s first report to which the Avokis filed specific objections, see 28 U.S.C. § 636(b)(1)(C).

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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). The Avokis have forfeited appellate

review of this order by failing to file objections to the magistrate judge’s recommendation

after receiving proper notice and an extension of time for filing their objections.

Accordingly, we affirm the district court’s judgment.

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