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  • Muhammad Al-Mujahidin v. J. Harris, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Muhammad Al-Mujahidin v. various defendants. The district court had referred the case to a magistrate judge, who recommended denying relief to Al-Mujahidin. Al-Mujahidin failed to file timely objections to the magistrate's recommendation, and thus waived appellate review of the dismissal of his excessive force claim. The Fourth Circuit reviewed Al-Mujahidin's other claims and found no reversible error, so it affirmed the district court's decision to deny relief for the reasons stated in the district court's opinion.

    Original Description:

    Filed: 2015-08-06 Precedential Status: Non-Precedential Docket: 15-6210

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Muhammad Al-Mujahidin v. various defendants. The district court had referred the case to a magistrate judge, who recommended denying relief to Al-Mujahidin. Al-Mujahidin failed to file timely objections to the magistrate's recommendation, and thus waived appellate review of the dismissal of his excessive force claim. The Fourth Circuit reviewed Al-Mujahidin's other claims and found no reversible error, so it affirmed the district court's decision to deny relief for the reasons stated in the district court's opinion.

    Copyright:

    Public Domain
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    9 views4 pages

    Muhammad Al-Mujahidin v. J. Harris, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Muhammad Al-Mujahidin v. various defendants. The district court had referred the case to a magistrate judge, who recommended denying relief to Al-Mujahidin. Al-Mujahidin failed to file timely objections to the magistrate's recommendation, and thus waived appellate review of the dismissal of his excessive force claim. The Fourth Circuit reviewed Al-Mujahidin's other claims and found no reversible error, so it affirmed the district court's decision to deny relief for the reasons stated in the district court's opinion.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-6210

    MUHAMMAD AL-MUJAHIDIN, a/k/a John Hamilton,


    Plaintiff Appellant,
    v.
    J. HARRIS; SHARONDA SUTTON; PERCY JONES; WARDEN STEVENSON;
    LEROY CARTLEDGE; SERGEANT ESTERLINE; OFFICER
    BECKETT, et
    al, In Their Indivd Capacitys; OFFICER JOE FANT,
    Defendants Appellees,
    and
    INV BEACH,
    Defendant.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    Bruce H. Hendricks, District
    Judge. (9:13-cv-00022-BHH)

    Submitted:

    June 30, 2015

    Decided:

    August 6, 2015

    Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Muhammad Al-Mujahidin, Appellant Pro Se. Roy F. Laney, Thomas


    Lowndes Pope, Jayme Leigh Shy, Damon C. Wlodarczyk, RILEY, POPE
    & LANEY, LLC, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Muhammad

    Al-Mujahidin

    appeals

    the

    district

    courts

    order

    accepting the recommendation of the magistrate judge and denying


    relief on his 42 U.S.C. 1983 (2012) complaint.

    The district

    court referred this case to a magistrate judge pursuant to 28


    U.S.C. 636(b)(1)(B) (2012).

    The magistrate judge recommended

    that relief be denied and advised Al-Mujahidin that failure to


    file

    timely

    appellate

    objections

    review

    of

    to

    this

    district

    recommendation
    court

    order

    could

    based

    waive

    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,

    see

    766

    F.2d

    841,

    845-46

    (4th

    Thomas v. Arn, 474 U.S. 140 (1985).


    appellate

    review

    of

    the

    district

    Cir.

    1985);

    also

    Al-Mujahidin has waived


    courts

    dismissal

    of

    his

    excessive-force claim based on collateral estoppel by failing to


    file specific objections on this issue after receiving proper
    notice.
    With

    regard

    to

    Al-Mujahidins

    other

    claims,

    reviewed the record and find no reversible error.


    we

    affirm

    for

    the

    reasons

    stated

    by

    the

    we

    have

    Accordingly,

    district

    court.

    Al-Mujahidin v. Harris, No. 9:13-cv-00022-BHH (D.S.C. Jan. 27,


    3

    2015).
    legal
    before

    We dispense with oral argument because the facts and


    contentions
    this

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    AFFIRMED

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