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  • Evans v. Sumter County, 4th Cir. (2010)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief to Reginald Evans on his 42 U.S.C. § 1983 complaint. The district court had referred the case to a magistrate judge, who recommended denying relief. Evans failed to file timely objections to the magistrate's recommendation, despite being warned that this was necessary to preserve appellate review. As Evans waived appellate review by not objecting, the Fourth Circuit affirmed the district court's judgment.

    Original Description:

    Filed: 2010-01-06 Precedential Status: Non-Precedential Docket: 08-8397

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief to Reginald Evans on his 42 U.S.C. § 1983 complaint. The district court had referred the case to a magistrate judge, who recommended denying relief. Evans failed to file timely objections to the magistrate's recommendation, despite being warned that this was necessary to preserve appellate review. As Evans waived appellate review by not objecting, the Fourth Circuit affirmed the district court's judgment.

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    Public Domain
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    5 views2 pages

    Evans v. Sumter County, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief to Reginald Evans on his 42 U.S.C. § 1983 complaint. The district court had referred the case to a magistrate judge, who recommended denying relief. Evans failed to file timely objections to the magistrate's recommendation, despite being warned that this was necessary to preserve appellate review. As Evans waived appellate review by not objecting, the Fourth Circuit affirmed the district court's judgment.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8397

    REGINALD D. EVANS,
    Plaintiff - Appellant,
    v.
    SUMTER COUNTY, South Carolina; CITY OF SUMTER, SOUTH
    CAROLINA; PATTY J. PATTERSON, Chief of Sumter Police; SUMTER
    POLICE DEPARTMENT; SUMTER-LEE REGIONAL DETENTION CENTER,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia. Joseph F. Anderson, Jr., District
    Judge. (3:07-cv-02688-JFA-JRM)

    Submitted:

    December 17, 2009

    Decided:

    January 6, 2010

    Before MOTZ, GREGORY, and AGEE, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Reginald D. Evans, Appellant Pro Se. Alfred Johnston Cox, ELLIS,


    LAWHORNE & SIMS, PA, Columbia, South Carolina; James M. Davis,
    Jr., DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Reginald D. Evans appeals the district courts order
    denying relief on his 42 U.S.C. 1983 (2006) complaint.

    The

    district court referred this case to a magistrate judge pursuant


    to

    28

    U.S.C.

    636(b)(1)(B)

    (2006).

    The

    magistrate

    judge

    recommended that relief be denied and advised Evans that failure


    to file timely objections to this recommendation could waive
    appellate

    review

    recommendation.

    of

    district

    court

    order

    based

    upon

    the

    Despite this warning, Evans failed to object to

    the magistrate judges recommendation.


    The
    magistrate

    timely

    judges

    filing

    of

    recommendation

    specific
    is

    objections

    necessary

    to

    to

    preserve

    appellate review of the substance of that recommendation when


    the

    parties

    have

    noncompliance.

    been

    warned

    of

    the

    consequences

    of

    Wright v. Collins, 766 F.2d 841, 845-46 (4th

    Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).

    Evans

    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
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    AFFIRMED
    2

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