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20-6561•Diontre Jarva Brown v. Letitia I. Culick, in her individual and official capacity
20-6561Court of Appeals for the Fourth CircuitJan 21, 2021
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6561
DIONTRE JARVA BROWN,
Plaintiff - Appellant,
v.
LETITIA I. CULICK, in her individual and official capacity,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Mary G. Lewis, District Judge. (3:20-cv-00395-MGL)
Submitted: December 17, 2020 Decided: January 21, 2021
Before WILKINSON, KEENAN, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Diontre Jarva Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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2
PER CURIAM:
Diontre Jarva Brown appeals the district court’s order dismissing his 42 U.S.C.
§ 1983 complaint without prejudice. The district court referred this case to a magistrate
judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that the
complaint be dismissed without prejudice and advised Brown that failure to file timely,
specific objections to this recommendation would 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). Brown has waived appellate review by
failing to file objections to the magistrate judge’s recommendation after receiving proper
notice. 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
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