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  • Charles Thomas v. South Carolina Dep't of Corrections, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal of Charles Edward Thomas's claims brought under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Health Insurance Portability and Accountability Act, as well as declining to exercise supplemental jurisdiction over Thomas's state law claims. The Fourth Circuit found that Thomas waived his right to appellate review by failing to file specific objections to the magistrate judge's recommendations and by failing to challenge the district court's rulings in his informal brief. The Fourth Circuit denied Thomas's pending motions and affirmed the district court's judgment.

    Original Description:

    Filed: 2015-09-21 Precedential Status: Non-Precedential Docket: 14-7551

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal of Charles Edward Thomas's claims brought under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Health Insurance Portability and Accountability Act, as well as declining to exercise supplemental jurisdiction over Thomas's state law claims. The Fourth Circuit found that Thomas waived his right to appellate review by failing to file specific objections to the magistrate judge's recommendations and by failing to challenge the district court's rulings in his informal brief. The Fourth Circuit denied Thomas's pending motions and affirmed the district court's judgment.

    Copyright:

    Public Domain
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    1 views3 pages

    Charles Thomas v. South Carolina Dep't of Corrections, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal of Charles Edward Thomas's claims brought under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Health Insurance Portability and Accountability Act, as well as declining to exercise supplemental jurisdiction over Thomas's state law claims. The Fourth Circuit found that Thomas waived his right to appellate review by failing to file specific objections to the magistrate judge's recommendations and by failing to challenge the district court's rulings in his informal brief. The Fourth Circuit denied Thomas's pending motions and affirmed the district court's judgment.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7551

    CHARLES EDWARD THOMAS,


    Plaintiff - Appellant,
    v.
    SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; JON OZMINT, Former
    Prison Director; MEDICAL DIVISION; FINANCIAL RECORDS, In
    their individual and official capacities,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. David C. Norton, District Judge.
    (0:14-cv-00302-DCN)

    Submitted:

    July 20, 2015

    Decided:

    September 21, 2015

    Before SHEDD, KEENAN, and DIAZ, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Charles Edward Thomas, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Charles Edward Thomas appeals the district courts order
    adopting the magistrate judges recommendation to dismiss, after
    a

    28

    U.S.C.

    pursuant

    to

    Disabilities

    1915
    42

    (2012)

    U.S.C.

    Act,

    42

    review,

    1983

    U.S.C.

    Thomass

    (2012),

    the

    12101-12300

    claims

    brought

    Americans
    (2012),

    and

    with
    the

    Health Insurance Portability and Accountability Act of 1996, 42


    U.S.C.

    1320d1320d-9

    supplemental

    jurisdiction

    (2012),
    over

    and

    declining

    Thomass

    state

    to

    exercise

    law

    claims.

    Thomas has also filed with this Court several motions seeking
    additional relief.

    We deny the pending motions and affirm the

    district courts judgment.


    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, 474 U.S. 140 (1985).

    Moreover, we limit our review to

    the issues raised in the appellants informal brief.


    Cir. R. 34(b).
    courts

    See 4th

    Thomas waived appellate review of the district

    dispositive

    holdings

    by

    failing

    to

    file

    specific

    objections to the magistrate judges dispositive recommendations


    after receiving proper notice, and by failing to challenge the
    district courts dispositive holdings in his informal brief.
    2

    Accordingly, we deny the pending motions and affirm the


    district

    courts

    judgment.

    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.
    AFFIRMED

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