Elvin Clifford Watkins v. Bob Robert

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to strike [999397881-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999379514-2] Originating case number: 3:14-cv-00009-GMG-JES Copies to all parties and the district court/agency. [999442829]. Mailed to: Watkins. [14-1542]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1542

ELVIN CLIFFORD WATKINS,
Plaintiff – Appellant,
v.
BOB ROBERTS, Director and Chief of Police, West Virginia
University,
Defendant - Appellee.

Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg.
Gina M. Groh,
District Judge. (3:14-cv-00009-GMG-JES)

Submitted:

September 23, 3014

Before NIEMEYER and
Senior Circuit Judge.

GREGORY,

Decided:

Circuit

September 25, 2014

Judges,

and

HAMILTON,

Dismissed by unpublished per curiam opinion.

Elvin Clifford Watkins, Appellant Pro Se. Thomas Shawn Kleeh,
Joseph Umberto Leonoro, STEPTOE & JOHNSON, PLLC, Charleston,
West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Elvin Clifford Watkins seeks to appeal the district
court’s

order

denying

complaint.

The

relief

district

on

his

court

42

U.S.C.

referred

§ 1983

this

(2012)

case

to

a

magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012).
The

magistrate

judge

recommended

that

relief

be

denied

and

advised Watkins 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);

Watkins

has

been

warned

of

the

consequences

of

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

see

also

waived

Thomas

v.

appellate

Arn,

474

review

by

objections after receiving proper notice.

U.S.

140

failing

(1985).
to

file

Accordingly, we deny

leave to proceed in forma pauperis and dismiss the appeal.

We

deny Watkins’ motion to strike the Appellee’s informal reply
brief.
We dispense with oral argument because the facts and
legal

contentions

are

adequately

2

presented

in

the

materials

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before

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this

court

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and

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argument

would

not

aid

the

decisional

process.

DISMISSED

3