Justin Martin Jackson v. Kenneth Boone


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999963105-2] Originating case number: 2:16-cv-02099-MBS Copies to all parties and the district court/agency. [1000037927]. Mailed to: Justin Martin Jackson FLORENCE COUNTY DETENTION CENTER 6719 Friendfield Road Effingham, SC 29541-0000. [16-7330]

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Appeal: 16-7330 Doc: 10 Filed: 03/08/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7330 JUSTIN MARTIN JACKSON, Petitioner - Appellant, v. KENNETH BOONE, Sheriff of Florence County, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Margaret B. Seymour, Senior District Judge. (2:16-cv-02099-MBS) Submitted: February 28, 2017 Decided: March 8, 2017 Before MOTZ and AGEE, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Justin Martin Jackson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7330 Doc: 10 Filed: 03/08/2017 Pg: 2 of 2 PER CURIAM: Justin Martin Jackson appeals the district court’s order accepting the recommendation of the magistrate dismissing his 28 U.S.C. § 2241 (2012) petition. judge and The magistrate judge recommended dismissing the petition and advised Jackson 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. United States v. Midgette, 478 F.3d 616, 621–22 (4th Cir. 2007). Jackson waived appellate review by failing to file any objections after receiving proper notice. Accordingly, although we grant leave to proceed in forma pauperis, 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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