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Prior v. South Carolina

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Dec 20, 2019
No. 19-7381 (4th Cir. Dec. 20, 2019)

Opinion

No. 19-7381

12-20-2019

ASHLEY T. PRIOR, Plaintiff - Appellant, v. STATE OF SC; BRYAN P. STIRLING; JOHN B. MCCREE; SHERIFF OF COLUMBIA; JOHN AND JANE 1-10 DOES, SCDC Kirkland Staff; JAMES AND JOAN 1-10 DOE, DHEC and SCDC Investigators of Health Services, etc, Defendants - Appellees.

Ashley T. Prior, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:19-cv-01619-TMC) Before KING, FLOYD, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Ashley T. Prior, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Ashley T. Prior appeals the district court's order denying relief on Prior's 42 U.S.C. § 1983 (2012) complaint. 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 Prior 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. United States v. Midgette, 478 F.3d 616, 621-22 (4th Cir. 2007); see also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Prior has waived appellate review by failing to file objections to the magistrate judge's recommendation 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


Summaries of

Prior v. South Carolina

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Dec 20, 2019
No. 19-7381 (4th Cir. Dec. 20, 2019)
Case details for

Prior v. South Carolina

Case Details

Full title:ASHLEY T. PRIOR, Plaintiff - Appellant, v. STATE OF SC; BRYAN P. STIRLING…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Dec 20, 2019

Citations

No. 19-7381 (4th Cir. Dec. 20, 2019)