Frankie Rocchetti v. Lowe's Home Centers, Inc.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999425156-2] Originating case number: 1:12-cv-07447 Copies to all parties and the district court/agency. [999478806]. Mailed to: Frankie Rocchetti. [14-1886]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1886

FRANKIE ROCCHETTI,
Plaintiff - Appellant,
v.
LOWE’S HOME CENTERS, INC.; THE GORILLA GLUE COMPANY,
Defendants - Appellees.

Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:12-cv-07447)

Submitted:

November 18, 2014

Decided:

November 20, 2014

Before NIEMEYER and MOTZ, Circuit Judges. 1

Affirmed by unpublished per curiam opinion.

Frankie Rocchetti, Appellant Pro Se.
Edgar Allen Poe, Jr.,
PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Charleston, West
Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

1

The opinion is filed by a quorum of the panel pursuant to
28 U.S.C. § 46(d) (2006).

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PER CURIAM:
Frankie Rocchetti appeals the district court’s order
accepting the recommendation of the magistrate judge, granting
summary

judgment

complaint.
raised

in

On
the

in

favor

appeal,

of

Appellees,

we

confine

Appellant’s

our

brief. 2

and

dismissing

his

review

See

to

the

issues

4th

Cir.

R.

34(b).

Because Rocchetti’s informal brief is conclusory and does not
challenge

the

basis

for

the

district

court’s

denial

of

his

strict products liability claim for lack of causation, Rocchetti
has forfeited appellate review of that portion of the court’s
order.
With

regard

to

the

failure

to

warn

claim,

the

magistrate judge recommended that relief be denied and advised
Rocchetti

that

failure

to

file

timely

objections

to

this

recommendation could waive appellate review of a district court
order

based

upon

the

recommendation.

Rocchetti

has

waived

appellate review of the failure to warn claim by failing to file
objections
Collins,

after
766

F.2d

receiving
841,

proper

845-46

notice.

(4th

Cir.

See

Wright

1985);

see

v.
also

Thomas v. Arn, 474 U.S. 140 (1985).

2

To the extent that Rocchetti challenges the district
court’s rejection of his demand for prosecution of others, we
conclude that the court properly denied relief.
See Linda
R.S. v. Richard D., 410 U.S. 614, 619 (1973).

2

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Accordingly, we affirm the district court’s judgment.
We grant Rocchetti leave to proceed on appeal in forma pauperis,
and we dispense with oral argument because the facts and legal
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

3