Samuel Lewis v. Warden Eagleton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:08-cv-02800-GRA Copies to all parties and the district court/agency. [998482185] [10-6396]

Samuel Lewis v. Warden Eagleton

Doc. 0

Case: 10-6396 Document: 10

Date Filed: 12/09/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6396 SAMUEL J. LEWIS, Plaintiff ­ Appellant, v. WARDEN EAGLETON, Individual and official capacities; WARDEN CHAVIS, Associate Warden, Individual and official capacities; MS. WEATHERFORD, Individual and official capacities; MR. SPIRES, Individual and official capacities; LIEUTENANT HIPP, Individual and official capacities; MS. HAGE, Nurse Supervisor, Individual and official capacities; OFFICER CYPRESS; OFFICER MATTHEWS, Individual and official capacities; ECI MEDICAL STAFF, Individual and official capacities, Defendants ­ Appellees, and SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Defendant.

Appeal from the United States District Court for the District of South Carolina, at Florence. G. Ross Anderson, Jr., Senior District Judge. (4:08-cv-02800-GRA) Submitted: November 10, 2010 Decided: December 9, 2010

Before WILKINSON, DUNCAN, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion.

Dockets.Justia.com

Case: 10-6396 Document: 10

Date Filed: 12/09/2010

Page: 2

Samuel J. Lewis, Appellant Pro Se. William Henry Davidson, II, Lawrence S. Kerr, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

2

Case: 10-6396 Document: 10

Date Filed: 12/09/2010

Page: 3

PER CURIAM: Samuel Jerome Lewis appeals the district court's order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2006) complaint. Lewis also

appeals the magistrate judge's denials of his motions to appoint counsel. error in We have reviewed the record and find no reversible the denial of the motions to appoint counsel.

Accordingly, we affirm those orders.

Lewis v. Eagleton, No.

4:08-cv-02800-GRA (D.S.C. Feb. 20, 2009; Mar. 9, 2009). Turning to the district court's order denying § 1983 relief, the court referred this case to a magistrate judge

pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2010). The magistrate Lewis judge that recommended failure to that file relief timely be denied and

advised

and

specific

objections to this recommendation could waive appellate review of a district court order based upon the 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.

Wright v. Collins, 766 F.2d 841, 845-46 (4th Lewis

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). has waived appellate review by failing to file

specific

3

Case: 10-6396 Document: 10

Date Filed: 12/09/2010

Page: 4

objections

after

receiving

proper

notice.

Accordingly,

we

affirm the judgment of the district court. We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. AFFIRMED

4