Christopher West v. William Byars, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-cv-00981-DCN. Copies to all parties and the district court/agency. [999722176]. Mailed to: Christopher West. [15-6628]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6628

CHRISTOPHER WEST,
Plaintiff – Appellant,
v.
DIRECTOR WILLIAM R. BYARS, JR., in his individual and
official capacity as corrections employees of the State of
South Carolina, Kerhsaw State Prison; WARDEN CECILIA
REYNOLDS, in her individual and official capacity as
corrections employees of the State of South Carolina,
Kershaw State Prison; ASSOCIATE WARDEN JERRY WASHINGTON, in
his
individual
and
official
capacity
as
corrections
employees of the State of South Carolina, Kershaw State
Prison; MAJOR DARREN SEWARD, in his individual and official
capacity as corrections employees of the State of South
Carolina, Kershaw State Prison; CAPTAIN DANIEL DUBOSE, in
his
individual
and
official
capacity
as
corrections
employees of the State of South Carolina, Kerhsaw State
Prison; LIEUTENANT CLAUDE POWELL, in his individual and
official capacity as corrections employees of the State of
South Carolina, Kershaw State Prison; SERGEANT KRISTOPHER
SWEET,
in
his
individual
and
official
capacity
as
corrections employees of the State of South Carolina,
Kershaw State Prison; CORPORAL JEREMY TARLTON, in his
individual and official capacity as corrections employees
of the State of South Carolina, Kershaw State Prison;
OFFICER LAWRENCE TAYLOR, in his individual and official
capacity as corrections employees of the State of South
Carolina, Kershaw State Prison; NURSE LUANNE MUNGO, in her
individual and official capacity as corrections employees
of the State of South Carolina, Kershaw State Prison,
Defendants - Appellees.

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Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. David C. Norton, District Judge.
(5:13-cv-00981-DCN)

Submitted:

December 17, 2015

Decided:

December 21, 2015

Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Christopher West, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Christopher West 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 West 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 Massey v.
Ojaniit, 759 F.3d 343, 352 (4th Cir. 2014).
appellate

review

by

failing

receiving proper notice.

to

timely

file

West has waived
objections

after

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

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