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  • Walter Simmons v. Randy Shelton, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Walter Columbus Simmons' appeal of a district court order. The district court had referred Simmons' 42 U.S.C. § 1983 action to a magistrate judge, who recommended dismissing the case. Simmons failed to file a timely objection to the magistrate's recommendation, and thus waived his right to appellate review of the district court's order adopting the recommendation. As a result, the Fourth Circuit denied Simmons' request to proceed in forma pauperis and dismissed his appeal.

    Original Description:

    Filed: 2015-10-19 Precedential Status: Non-Precedential Docket: 15-1754

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Walter Columbus Simmons' appeal of a district court order. The district court had referred Simmons' 42 U.S.C. § 1983 action to a magistrate judge, who recommended dismissing the case. Simmons failed to file a timely objection to the magistrate's recommendation, and thus waived his right to appellate review of the district court's order adopting the recommendation. As a result, the Fourth Circuit denied Simmons' request to proceed in forma pauperis and dismissed his appeal.

    Copyright:

    Public Domain
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    10 views2 pages

    Walter Simmons v. Randy Shelton, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Walter Columbus Simmons' appeal of a district court order. The district court had referred Simmons' 42 U.S.C. § 1983 action to a magistrate judge, who recommended dismissing the case. Simmons failed to file a timely objection to the magistrate's recommendation, and thus waived his right to appellate review of the district court's order adopting the recommendation. As a result, the Fourth Circuit denied Simmons' request to proceed in forma pauperis and dismissed his appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1754

    WALTER COLUMBUS SIMMONS,


    Plaintiff - Appellant,
    v.
    LT. RANDY
    JESSICA,

    SHELTON;

    NURSE

    MARILYN;

    NURSE

    APRIL;

    NURSE

    Defendants - Appellees.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    William L. Osteen,
    Jr., Chief District Judge. (1:13-cv-00566-WO-JLW)

    Submitted:

    October 15, 2015

    Decided:

    October 19, 2015

    Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Walter Columbus Simmons, Appellant Pro Se.


    Camilla Frances
    DeBoard, Kenneth Bruce Rotenstreich, TEAGUE, ROTENSTREICH,
    STANALAND, FOX & HOLT, P.L.L.C., Greensboro, North Carolina;
    Thomas John Ludlam, NEXSEN PRUET, Raleigh, North Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Walter

    Columbus

    Simmons

    seeks

    to

    appeal

    the

    district

    courts order dismissing his 42 U.S.C. 1983 (2012) action for


    failure to state a claim.
    to

    magistrate

    (2012).

    judge

    The district court referred this case


    pursuant

    to

    28

    U.S.C.

    636(b)(1)(B)

    The magistrate judge recommended that the action be

    dismissed

    and

    advised

    Simmons

    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
    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,

    review
    notice.

    474
    by

    U.S.

    failing

    140
    to

    (1985).
    file

    Simmons

    objections

    has

    after

    waived

    appellate

    receiving

    proper

    Accordingly, we deny leave to proceed in forma pauperis

    and dismiss the appeal.


    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.

    DISMISSED

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