Keith Carter v. JOHN DOE, Winston-Salem police officer, in his individual capacity

24-6030Court of Appeals for the Fourth Circuit16 avr. 2024

Texte intégral

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-6030
KEITH CARTER,
Plaintiff - Appellant,
v.
JOHN DOE, Winston-Salem police officer, in his individual capacity,
Defendant - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Catherine C. Eagles, Chief District Judge. (1:23-cv-00768-CCE-JEP)
Submitted: April 11, 2024 Decided: April 16, 2024
Before AGEE and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Keith Carter, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Keith Carter appeals the district court’s order and judgment denying relief on his 42
U.S.C. § 1983 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 that relief be
denied and advised Carter that failure to file timely, specific objections to this
recommendation could waive appellate review of a district court order based upon the
recommendation. Carter did not file timely objections.
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). Carter has forfeited appellate review by
failing to file timely objections to the magistrate judge’s recommendation after receiving
proper notice.
Accordingly, we affirm the order and 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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