Odell Golden v. Catherine Eagle

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00984-WO-JLW. Copies to all parties and the district court. [999829798]. Mailed to: Odell Golden. [16-6129]

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Appeal: 16-6129 Doc: 10 Filed: 05/23/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6129 ODELL GENE GOLDEN, Plaintiff - Appellant, v. CATHERINE C. EAGLES; L. PATRICK AULD, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:15-cv-00984-WO-JLW) Submitted: May 18, 2016 Decided: May 23, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Odell Gene Golden, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6129 Doc: 10 Filed: 05/23/2016 Pg: 2 of 2 PER CURIAM: Odell Gene Golden appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2012) complaint under 28 U.S.C. § 1915A(b) (2012). 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 Golden 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). Golden 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

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