Jesse James v. Barry Faile

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for other relief [999607375-2] Originating case number: 1:13-cv-00211-DCN Copies to all parties and the district court/agency. [999750745]. Mailed to: James. [15-6689]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6689

JESSE M. JAMES,
Plaintiff - Appellant,
v.
SHERIFF BARRY FAILE; MRS. DEBORAH HORNE,
Defendants – Appellees,
and
LANCASTER COUNTY DETENTION CENTER, in Lancaster, SC,
Defendant.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
David C. Norton, District Judge.
(1:13-cv-00211-DCN)

Submitted:

January 26, 2016

Decided:

February 8, 2016

Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jesse M. James, Appellant Pro Se.
David Allan DeMasters,
DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for
Appellees.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jesse

M.

James

appeals

the

magistrate

judge’s

orders

denying the appointment of counsel, the district court’s order
granting his motion for an extension of time to file objections
but warning that no further extensions would be granted, and the
district

court’s

order

adopting

the

magistrate

judge’s

recommendation and denying relief on his 42 U.S.C. § 1983 (2012)
complaint.

We affirm.

With regard to the nondispositive orders James challenges
on appeal, we have reviewed the record and find no abuse of
discretion.

See Carefirst of Md., Inc. v. Carefirst Pregnancy

Ctrs., Inc., 334 F.3d 390, 396 (4th Cir. 2003) (reviewing order
denying an extension); Miller v. Simmons, 814 F.2d 962, 966 (4th
Cir.

1987)

(reviewing

order

denying

appointment

of

counsel).

Turning to the dismissal order, 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 James 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

consequences of noncompliance.

have

been

warned

of

the

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

James

has

waived

appellate

review

of

the

district

court’s dismissal order by failing to file objections.
Accordingly,
breakdown

of

we

affirm.

security

logs.

We
We

deny

James’

dispense

with

motion
oral

for

a

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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