Larry Tyler v. Captain Coe

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint counsel [999891745-2] Originating case number: 9:16-cv-00122-MGL. Copies to all parties and the district court. [999975578]. Mailed to: Larry Tyler. [16-6807]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6807

LARRY JAMES TYLER,
Plaintiff - Appellant,
v.
CAPTAIN COE; WAYNE BYRD; DIANN WILKS,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Mary G. Lewis, District Judge.
(9:16-cv-00122-MGL)

Submitted:

November 22, 2016

Before DIAZ and
Circuit Judge.

THACKER,

Circuit

Decided:

Judges,

November 28, 2016

and

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

Larry James Tyler, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Larry

James

Tyler

appeals

the

district

court’s

dismissing his 42 U.S.C. § 1983 (2012) complaint.

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 Tyler’s action be dismissed because he failed to comply
with the court’s February 24, 2016, order instructing him that
he had 21 days to fill out certain forms and provide information
to the court needed to proceed with his action.
judge’s

order

advised

Tyler

that

failure

The magistrate
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).

Tyler has waived appellate review

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

deny
with

Tyler’s

motion

oral

argument

for

appointment

because

2

the

of

counsel

facts

and

and

legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

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