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  • Sherman v. McCrorey, 4th Cir. (2004)

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    This document summarizes three appeals brought by Curlee Sherman against Judge Joseph R. McCrorey to the United States Court of Appeals for the Fourth Circuit. In each case, the district court referred the matter to a magistrate judge who recommended denying relief. Sherman failed to file timely, specific objections to the magistrate's recommendations, so the Court of Appeals held that he waived his right to appellate review. The Court then dismissed all three of Sherman's appeals.

    Original Description:

    Filed: 2004-06-25 Precedential Status: Non-Precedential Docket: 04-1195

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    This document summarizes three appeals brought by Curlee Sherman against Judge Joseph R. McCrorey to the United States Court of Appeals for the Fourth Circuit. In each case, the district court referred the matter to a magistrate judge who recommended denying relief. Sherman failed to file timely, specific objections to the magistrate's recommendations, so the Court of Appeals held that he waived his right to appellate review. The Court then dismissed all three of Sherman's appeals.

    Copyright:

    Public Domain
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    8 views3 pages

    Sherman v. McCrorey, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document summarizes three appeals brought by Curlee Sherman against Judge Joseph R. McCrorey to the United States Court of Appeals for the Fourth Circuit. In each case, the district court referred the matter to a magistrate judge who recommended denying relief. Sherman failed to file timely, specific objections to the magistrate's recommendations, so the Court of Appeals held that he waived his right to appellate review. The Court then dismissed all three of Sherman's appeals.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-1195

    CURLEE SHERMAN,
    Plaintiff - Appellant,
    versus
    THE HONORABLE JOSEPH R. MCCROREY,
    Defendant - Appellee.

    No. 04-1258

    CURLEE SHERMAN,
    Plaintiff - Appellant,
    versus
    JOSEPH R. MCCROREY,
    Defendant - Appellee.

    No. 04-1282

    CURLEE SHERMAN,
    Plaintiff - Appellant,

    versus
    THE HONORABLE JOSEPH R. MCCROREY,
    Defendant - Appellee.

    Appeals from the United States District Court for the District of
    South Carolina, at Columbia. Margaret B. Seymour, District Judge.
    (CA-04-119-3-2-24BD; CA-04-312-3)

    Submitted:

    June 9, 2004

    Decided:

    June 25, 2004

    Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Curlee Sherman, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Curlee Sherman seeks to appeal the district courts
    orders dismissing his 42 U.S.C. 1983 (2000) complaints.

    The

    district court referred these cases to a magistrate judge pursuant


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

    In each case the magistrate

    judge recommended that relief be denied and advised Sherman that


    failure to file timely, specific objections to the recommendation
    could waive appellate review of a district court order based upon
    the recommendation.

    Despite this warning, Sherman failed to

    specifically object to the magistrate judges recommendations.


    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 that failure to object will waive appellate review.

    See

    Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also
    Thomas v. Arn, 474 U.S. 140 (1985).

    Sherman has waived appellate

    review by failing to file specific objections after receiving


    proper notice.

    Accordingly, we deny leave to proceed in forma

    pauperis and dismiss the appeals.


    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.

    DISMISSED

    - 3 -

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