Daniel Gene Black v. Tax Ease Oh V, LLC

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 26-1228
DANIEL GENE BLACK,
Plaintiff - Appellant,
v.
TAX EASE OH V, LLC,
Defendant - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Huntington. Robert C. Chambers, District Judge. (3:25-cv-00538)
Submitted: May 28, 2026 Decided: June 2, 2026
Before WYNN, QUATTLEBAUM, and HEYTENS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Daniel Gene Black, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Daniel Gene Black appeals the district court’s order dismissing his civil complaint.
The district court referred this case to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B). The magistrate judge recommended dismissing the complaint and advised
Black that failure to file timely, specific objections to this recommendation could waive
appellate review of a district court order based upon the recommendation.
The timely filing of specific objections to a magistrate judge’s recommendation is
necessary to preserve appellate review of the substance of that recommendation when the
parties have been warned of the consequences of noncompliance. Martin v. Duffy, 858
F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see
also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Although Black received proper notice
and filed objections to the magistrate judge’s recommendation, he has forfeited appellate
review because the objections were untimely. Accordingly, we 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 this court and argument would not aid the
decisional process.
AFFIRMED

-- 2 of 2 --