Anthony Peake v. Marlane Becker

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:14-cv-00293-FL. Copies to all parties and the district court. [999802944]. [15-2315]

Appeal: 15-2315

Doc: 17

Filed: 04/25/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2315

ANTHONY MAURICE PEAKE,
Plaintiff - Appellant,
v.
MARLANE BECKER; RICHARD MONTONI; PAUL BUCHANAN; LESLEY
MOXLEY; TIMOTHY SMITH; MELISSA BLIZZARD; SCOTT CROSSMAN;
JASON G. BETTIS; JOHN CARTER; VERA PEARSON; GEORGE COLLINS;
LOUIS F. FOY; ERNEST LEE; DAISEY BLUE; JACQUELINE MULL;
MALVIN SUTTON; VIRGIL HOLLINGSWORTH; ED BROWN; JEFF HUDSON;
BEVERLY YVETTE JACKSON; DONNA THOMAS; JOHN OLSEN; JACOB
EVANS, JR.; AMIEL ROSSABI; CARLA WEST,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Louise W. Flanagan,
District Judge. (7:14-cv-00293-FL)

Submitted:

April 21, 2016

Decided:

April 25, 2016

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony Maurice Peake, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-2315

Doc: 17

Filed: 04/25/2016

Pg: 2 of 2

PER CURIAM:
Anthony Maurice Peake appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2012) complaint.

The

district court referred this 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 Peake that failure
to file timely objections to this recommendation could waive
appellate

review

of

a

district

court

order

based

upon

the

recommendation.
The timely filing of specific objections to a magistrate
judge’s recommendation is necessary to preserve appellate review
of the substance of that recommendation when the parties have
been warned of the consequences of noncompliance.

Wright v.

Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas
v. Arn, 474 U.S. 140 (1985).

Peake has waived appellate review

by failing to file objections after receiving proper notice.
Accordingly, we affirm the judgment of the district court.
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

2