Michael Sanders v. Joseph Battle

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:11-cv-02734-GRA Copies to all parties and the district court/agency. [998960143]. Mailed to: Michael Sanders. [12-7312]

Appeal: 12-7312

Doc: 15

Filed: 10/16/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7312

MICHAEL E. SANDERS,
Plaintiff – Appellant,
v.
JOSEPH BATTLES, administrator for the Abbeville County
Detention Center in his official and individual capacity;
CHARLES GOODWIN, Sheriff in his official and individual
capacity; LEIGH ANN MCMAHAN,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
G. Ross Anderson, Jr., Senior
District Judge. (6:11-cv-02734-GRA)

Submitted:

October 11, 2012

Decided:

October 16, 2012

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael E. Sanders, Appellant Pro Se. Russell W. Harter, Jr.,
CHAPMAN, HARTER & GROVES, PA, Greenville, South Carolina;
Elliott T. Halio, HALIO & HALIO, Charleston, South Carolina, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-7312

Doc: 15

Filed: 10/16/2012

Pg: 2 of 2

PER CURIAM:
Michael E. Sanders appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2006) complaint.

The

district court referred this case to a magistrate judge pursuant
to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2012).

The

magistrate judge recommended that relief be denied and advised
Sanders

that

failure

to

file

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);

Sanders

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

U.S.

140

failing

notice.

(1985).
to

file

Accordingly,

we

affirm the judgment of the district court.
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.

AFFIRMED
2