Opinion
22-7109
01-20-2023
JESSE JAMES COPEN, SR., Plaintiff - Appellant, v. TRACY HARPER, Assistant Prosecuting Attorney; STATE POLICE CORPRAL MILLER, State Trooper; TROOPER STALLING, State Trooper; TROOPER MAYLE; UNKNOWN MEMBERS OF SRT TEAM, Special Response Team, Defendants - Appellees.
Jesse James Copen, Sr., Appellant Pro Se. Chelsea Virginia Brown, BOWLES RICE, LLP, Morgantown, West Virginia; Michael Deering Mullins, STEPTOE &JOHNSON PLLC, Charleston, West Virginia, for Appellees.
UNPUBLISHED
Submitted: January 17, 2023
Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:22-cv-00136-JPB)
Jesse James Copen, Sr., Appellant Pro Se.
Chelsea Virginia Brown, BOWLES RICE, LLP, Morgantown, West Virginia; Michael Deering Mullins, STEPTOE &JOHNSON PLLC, Charleston, West Virginia, for Appellees.
Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jesse James Copen, Sr., appeals the district court's order denying relief on his 42 U.S.C. § 1983 complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be denied and advised Copen that failure to file timely, specific 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. Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Although Copen received proper notice and filed timely objections to the magistrate judge's recommendation, he has waived appellate review because the objections were not specific to the particularized legal recommendations made by the magistrate judge. See Martin, 858 F.3d at 245 (holding that, "to preserve for appeal an issue in a magistrate judge's report, a party must object to the finding or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection" (internal quotation marks omitted)). 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