Ronald Marshall v. M. Mitchell
Filing
920100305
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-8236
RONALD ERIC MARSHALL, Plaintiff - Appellant, v. M. MITCHELL; W. SMITH, individually and as Administrator Edgefield Federal Prison Camp; P. JUSTICE, Individually and as Correctional Case Manager Edgefield Federal Prison Camp; D. A. WATKINS, individually and as Correctional Counselor Edgefield Federal Prison Camp; MR. SERO, individually and as Regional Director BOP Southeast Region Atlanta Georgia; UNITED STATES OF AMERICA, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, Chief District Judge. (2:09-cv-01889-DCN)
Submitted:
February 25, 2010
Decided:
March 5, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ronald Eric Marshall, Appellant Pro Se. Beth Drake, Assistant United States Attorney, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Ronald order denying Eric relief Marshall on his appeals the district court's to
complaint
filed
pursuant
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006). The magistrate judge recommended that relief be denied and
advised Marshall that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the to recommendation. object to the Despite this warning, judge's
Marshall
failed
magistrate
recommendation. The magistrate timely filing of specific is objections to to a
judge's
recommendation
necessary
preserve
appellate review of the substance of that recommendation when the parties have been warned of the consequences of
noncompliance. Cir. 1985); see
Wright v. Collins, 766 F.2d 841, 845-46 (4th also Thomas v. Arn, 474 U.S. 140 (1985).
Marshall has waived appellate review by failing to timely file specific objections after receiving proper notice. 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 Accordingly,
2
before
the
court
and
argument
would
not
aid
the
decisional
process. AFFIRMED
3
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