Dwight Jones v. Sergeant Clawson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-cv-01533-RBH Copies to all parties and the district court/agency. [998960109]. Mailed to: Dwight Jones. [12-7328]
Appeal: 12-7328
Doc: 14
Filed: 10/16/2012
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7328
DWIGHT XAVIER JONES,
Plaintiff – Appellant,
v.
SERGEANT
CLAWSON,
Lexington
County
Detention
Center;
CORRECTIONAL OFFICER JOHNATHAN JEFFCOAT, Lexington County
Detention Center; CORRECTIONAL OFFICER RANDLE, Lexington
County Detention Center; JASON MERRILL, Cayce Public
Safety,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
R. Bryan Harwell, District
Judge. (5:11-cv-01533-RBH)
Submitted:
October 11, 2012
Decided:
October 16, 2012
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dwight Xavier Jones, Appellant Pro Se.
Daniel C. Plyler,
DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 12-7328
Doc: 14
Filed: 10/16/2012
Pg: 2 of 2
PER CURIAM:
Dwight Xavier Jones 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
Jones that failure to file timely and 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
been
warned
of
the
consequences
of
noncompliance.
Diamond v. Colonial Life & Accident Ins. Co.,
416
315-16
F.3d
766 F.2d
310,
841,
(4th
845-46
(4th
Cir.
2005);
Cir.
Wright
1985).
v.
Jones
Collins,
has
waived
appellate review by failing to file specific 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
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
2
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