Ronald Lewis v. Charles Lewi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998647696-2] Originating case number: 3:10-cv-00569-JRS Copies to all parties and the district court/agency. [998746742]. Mailed to: appellant. [11-6607]

Appeal: 11-6607

Document: 11

Date Filed: 12/19/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6607

RONALD WAYNE LEWIS,
Plaintiff - Appellant,
v.
CHARLES DEMON LEWIS, Attorney at Law; KEVIN MICHAEL SCHORK,
Attorney at Law; PAUL G. GILL, Federal Public Defender's Office,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Chief
District Judge. (3:10-cv-00569-JRS)

Submitted:

December 15, 2011

Decided:

December 19, 2011

Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronald Wayne Lewis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6607

Document: 11

Date Filed: 12/19/2011

Page: 2 of 2

PER CURIAM:
Ronald

Wayne

Lewis

seeks

to

appeal

the

district

court’s order denying relief on his complaint filed pursuant to
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.A. § 636(b)(1)(B) (West
2006

&

Supp.

2011).

The

magistrate

judge

recommended

that

relief be denied and advised Lewis that failure to file timely
specific objections to this recommendation could waive appellate
review of a district court order based upon the recommendation.
The
magistrate

timely

judge’s

filing

of

recommendation

specific
is

objections

necessary

to

to

a

preserve

appellate review of the substance of that recommendation when
the

parties

have

noncompliance.

been

warned

of

the

consequences

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

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).
has

waived

of

appellate

review

by

failing

objections after receiving proper notice.

to

file

Lewis

specific

Accordingly, we deny

leave to proceed in forma pauperis and dismiss the appeal.
We dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED
2