Sherman v. McCrorey , 101 F. App'x 406 ( 2004 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-1195
    CURLEE SHERMAN,
    Plaintiff - Appellant,
    versus
    THE HONORABLE JOSEPH R. MCCROREY,
    Defendant - Appellee.
    No. 04-1258
    CURLEE SHERMAN,
    Plaintiff - Appellant,
    versus
    JOSEPH R. MCCROREY,
    Defendant - Appellee.
    No. 04-1282
    CURLEE SHERMAN,
    Plaintiff - Appellant,
    versus
    THE HONORABLE JOSEPH R. MCCROREY,
    Defendant - Appellee.
    Appeals from the United States District Court for the District of
    South Carolina, at Columbia. Margaret B. Seymour, District Judge.
    (CA-04-119-3-2-24BD; CA-04-312-3)
    Submitted:   June 9, 2004                 Decided:    June 25, 2004
    Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Curlee Sherman, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    - 2 -
    PER CURIAM:
    Curlee Sherman seeks to appeal the district court’s
    orders dismissing his 
    42 U.S.C. § 1983
     (2000) complaints.        The
    district court referred these cases to a magistrate judge pursuant
    to 
    28 U.S.C. § 636
    (b)(1)(B) (2000).   In each case the magistrate
    judge recommended that relief be denied and advised Sherman that
    failure to file timely, specific objections to the recommendation
    could waive appellate review of a district court order based upon
    the recommendation.    Despite this warning, Sherman failed to
    specifically object to the magistrate judge’s recommendations.
    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 that failure to object will waive appellate review.     See
    Wright v. Collins, 
    766 F.2d 841
    , 845-46 (4th Cir. 1985); see also
    Thomas v. Arn, 
    474 U.S. 140
     (1985).   Sherman has waived appellate
    review by failing to file specific objections after receiving
    proper notice.   Accordingly, we deny leave to proceed in forma
    pauperis and dismiss the appeals.
    We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before
    the court and argument would not aid the decisional process.
    DISMISSED
    - 3 -
    

Document Info

Docket Number: 04-1195, 04-1258, 04-1282

Citation Numbers: 101 F. App'x 406

Judges: Duncan, Niemeyer, Per Curiam, Williams

Filed Date: 6/25/2004

Precedential Status: Non-Precedential

Modified Date: 8/6/2023