Malcolm Muhammad v. Gene Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998545163-2]; denying Motion for injunctive relief pending appeal (FRAP 8) [998545159-2]; denying Motion to amend/correct [998545159-3] Originating case number: 7:10-cv-00395-sgw-mfu Copies to all parties and the district court/agency. [998625888]. Mailed to: appellant. [11-6215]

Appeal: 11-6215

Document: 13

Date Filed: 07/06/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6215

MALCOLM MUHAMMAD,
Plaintiff - Appellant,
v.
GENE M. JOHNSON, Director of Virginia Department of
Corrections; BRYANT WATSON, Warden, Wallens Ridge State
Prison; A. P. HARVEY, Assistant Warden, Wallens Ridge State
Prison; MAJOR COMBS, Major of Security at Wallens Ridge
State Prison; LIEUTENANT COLLINS, Lieutenant at Wallens
Ridge State Prison; SERGEANT COCHRANE, Sergeant at Wallens
Ridge State Prison; SERGEANT GREER, Sergeant at Wallens
Ridge
State
Prison;
CORRECTIONAL
OFFICER
CHEEKS,
Correctional
Officer;
CORRECTIONAL
OFFICER
FUSION,
Correctional Officer; INVESTIGATOR MCBRIDE, Investigator; B.
YOUNG, Sergeant,
Defendants - Appellees.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Samuel G. Wilson, District
Judge. (7:10-cv-00395-sgw-mfu)

Submitted:

June 30, 2011

Decided:

Before WILKINSON, DUNCAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

July 6, 2011

Appeal: 11-6215

Document: 13

Date Filed: 07/06/2011

Page: 2 of 3

Malcolm Muhammad, Appellant Pro Se.
Richard Carson Vorhis,
Senior Assistant Attorney General, Richmond, Virginia, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 11-6215

Document: 13

Date Filed: 07/06/2011

Page: 3 of 3

PER CURIAM:
Malcolm

Muhammad

appeals

the

district

court’s

order

denying his motion for a preliminary injunction in his 42 U.S.C.
§ 1983 (2006) action.

The district court referred this case to

a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West
2006

&

relief

Supp.
be

2010).

denied

The

and

magistrate

advised

judge

Muhammad

that

recommended

that

failure

file

to

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

timely

judge’s

filing

of

specific

recommendation

is

objections

necessary

to

to

a

preserve

appellate review of the substance of that recommendation when
the

parties

have

noncompliance.
Cir.

1985);

Muhammad
objections

warned

of

the

consequences

of

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

see

has

been

also

waived

after

Thomas

v.

appellate

receiving

Arn,

474

review

by

proper

notice.

U.S.

140

failing

(1985).
to

Accordingly,

file
we

affirm the judgment of the district court.
We

deny

Muhammad’s

motions

injunctive relief, and to amend.

to

appoint

counsel,

for

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.
AFFIRMED
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