Clarence E. Portee, and Jimmy Sells, Charles McCray v. Doctor Tollison, Chief Medical M.D., Parker Evatt, Commissioner, 929 F.2d 694, 4th Cir. (1991)
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Scribd Government DocsClarence E. Portee, and Jimmy Sells, Charles McCray v. Doctor Tollison, Chief Medical M.D., Parker Evatt, Commissioner, 929 F.2d 694, 4th Cir. (1991)
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Scribd Government Docs929 F.
2d 694
Unpublished Disposition
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of
unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Clarence E. PORTEE, Plaintiff-Appellant,
and
Jimmy Sells, Charles McCray, Plaintiffs,
v.
Doctor TOLLISON, Chief Medical M.D., Parker Evatt,
Commissioner, Defendants-Appellees.
No. 91-7008.
United States Court of Appeals, Fourth Circuit.
Submitted March 4, 1991.
Decided March 25, 1991.
Appeal from the United States District Court for the District of South
Carolina, at Columbia. Clyde H. Hamilton, District Judge. (CA-90-82815B)
Clarence E. Portee, appellant pro se.
David L. Morrison, Nauful & Ellis, P.A., Columbia, S.C., for appellees.
D.S.C., 753 F.Supp. 184.
AFFIRMED.
Before WIDENER and K.K. HALL, Circuit Judges, and BUTZNER,
Senior Circuit Judge.
PER CURIAM:
Clarence E. Portee appeals district court's order dismissing this 42 U.S.C. Sec.
1983 action. Appellant's action was referred to a magistrate judge pursuant to
28 U.S.C. Sec. 636(b)(1)(B). The magistrate judge recommended that relief be
denied and advised appellant that the failure to file timely objections to this
recommendation could waive appellate review of a district court order based
upon the recommendation. Despite this warning, appellant failed to object to
the magistrate judge's recommendation.
This Court has held that the timely filing of objections to a magistrate judge's
recommendation is necessary to preserve appellate review of the substance of
that recommendation where the parties have been warned that failure to object
will waive appellate review. Wright v. Collins, 766 F.2d 841, 846 (4th
Cir.1985) (quoting Carr v. Hutto, 737 F.2d 433, 434 (4th Cir.1984), cert.
denied, 474 U.S. 1019 (1985)). See generally United States v. Schronce, 727
F.2d 91 (4th Cir.), cert. denied, 467 U.S. 1208 (1984). Appellant has waived
appellate review by failing to file timely objections after receiving proper
notice. We accordingly 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.
