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    Staley v. Marion County Detention, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief on Daniel Levern Staley's 42 U.S.C. § 1983 complaint. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Staley that failing to file timely objections could waive appellate review. However, Staley failed to file specific objections to the magistrate's recommendation, so the appeals court found he had waived appellate review and affirmed the district court's judgment.

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    Staley v. Marion County Detention, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief on Daniel Levern Staley's 42 U.S.C. § 1983 complaint. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Staley that failing to file timely objections could waive appellate review. However, Staley failed to file specific objections to the magistrate's recommendation, so the appeals court found he had waived appellate review and affirmed the district court's judgment.

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    Filed: 2007-12-26 Precedential Status: Non-Precedential Docket: 07-6753

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief on Daniel Levern Staley's 42 U.S.C. § 1983 complaint. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Staley that failing to file timely objections could waive appellate review. However, Staley failed to file specific objections to the magistrate's recommendation, so the appeals court found he had waived appellate review and affirmed the district court's judgment.

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    6 views2 pages

    Staley v. Marion County Detention, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief on Daniel Levern Staley's 42 U.S.C. § 1983 complaint. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Staley that failing to file timely objections could waive appellate review. However, Staley failed to file specific objections to the magistrate's recommendation, so the appeals court found he had waived appellate review and affirmed the district court's judgment.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6753

    DANIEL LEVERN STALEY,


    Plaintiff - Appellant,
    versus
    MARION COUNTY DETENTION CENTER; W. T. JOHNSON,
    Director, Marion County Detention Center;
    REGINA REED; ROSE BETHEA; RENEE CAESAR;
    OFFICER CAMPBELL; BETTY GAUSE,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    Patrick Michael Duffy, District
    Judge. (9:06-cv-03207-PMD)

    Submitted:

    December 20, 2007

    Decided:

    December 26, 2007

    Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Daniel Levern Staley, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Daniel Levern Staley appeals the district courts order
    denying relief on his 42 U.S.C. 1983 (2000) complaint.

    The

    district court referred this case to a magistrate judge pursuant to


    28 U.S.C. 636(b)(1)(B) (2000).

    The magistrate judge recommended

    that relief be denied and advised Staley that failure to file


    timely and specific objections to this recommendation could waive
    appellate

    review

    recommendation.

    of

    district

    court

    order

    based

    upon

    the

    Despite this warning, Staley failed to file

    specific objections to the magistrate judges recommendation.


    The timely filing of specific objections to a magistrate
    judges 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).

    Staley has waived appellate review by failing to

    timely file specific 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
    the court and argument would not aid the decisional process.
    AFFIRMED

    - 2 -

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