Anthony Jones, a/k/a Anthony Alan Jones, Jr. v. Estate of David Aylor

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6884
ANTHONY JONES, a/k/a Anthony Alan Jones, Jr.,
Plaintiff - Appellant,
v.
ESTATE OF DAVID AYLOR,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Charleston. Timothy M. Cain, Chief District Judge. (2:25-cv-07591-TMC)
Submitted: January 22, 2026 Decided: January 29, 2026
Before AGEE, RICHARDSON, and HEYTENS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Anthony Jones appeals the district court’s order dismissing his amended 42 U.S.C.
§ 1983 complaint without prejudice and without issuance and service of process.* 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 Jones 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). Jones has waived appellate review by
failing to file objections to the magistrate judge’s recommendation after receiving proper
notice. Accordingly, we affirm the district court’s 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
* The district court’s order is final and appealable because the court did not grant
Jones another opportunity to amend his complaint. See Britt v. DeJoy, 45 F.4th 790, 796
(4th Cir. 2022) (en banc) (order).

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