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    United States Court of Appeals, Fourth Circuit

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    This document is a court case from the United States Court of Appeals for the Fourth Circuit from February 15, 1996. It affirms the district court's dismissal of Bernard Bagley's two consolidated 42 U.S.C. § 1983 complaints. The magistrate judge had recommended denying relief and warned Bagley that failing to file objections could waive his right to appellate review, but Bagley failed to object. As Bagley did not preserve his right to appellate review by objecting, the Fourth Circuit affirms the district court's judgment.

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    United States Court of Appeals, Fourth Circuit

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    This document is a court case from the United States Court of Appeals for the Fourth Circuit from February 15, 1996. It affirms the district court's dismissal of Bernard Bagley's two consolidated 42 U.S.C. § 1983 complaints. The magistrate judge had recommended denying relief and warned Bagley that failing to file objections could waive his right to appellate review, but Bagley failed to object. As Bagley did not preserve his right to appellate review by objecting, the Fourth Circuit affirms the district court's judgment.

    Original Description:

    Filed: 1996-02-15 Precedential Status: Non-Precedential Citations: 77 F.3d 467 Docket: 95-7326

    Original Title

    Bernard Bagley v. Dale Causey Chris Siunard Escod Industries Board of Directors William R. Davis, Eci Warden Gene Baker, Eci Prison Industry Linda Williams, Eci Classification South Carolina Department of Corrections Board Members South Carolina Department of Corrections, 77 F.3d 467, 4th Cir. (1996)

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    This document is a court case from the United States Court of Appeals for the Fourth Circuit from February 15, 1996. It affirms the district court's dismissal of Bernard Bagley's two consolidated 42 U.S.C. § 1983 complaints. The magistrate judge had recommended denying relief and warned Bagley that failing to file objections could waive his right to appellate review, but Bagley failed to object. As Bagley did not preserve his right to appellate review by objecting, the Fourth Circuit affirms the district court's judgment.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    3 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document is a court case from the United States Court of Appeals for the Fourth Circuit from February 15, 1996. It affirms the district court's dismissal of Bernard Bagley's two consolidated 42 U.S.C. § 1983 complaints. The magistrate judge had recommended denying relief and warned Bagley that failing to file objections could waive his right to appellate review, but Bagley failed to object. As Bagley did not preserve his right to appellate review by objecting, the Fourth Circuit affirms the district court's judgment.

    Copyright:

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    of 2

    77 F.

    3d 467

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Bernard BAGLEY, Plaintiff-Appellant,
    v.
    Dale CAUSEY; Chris Siunard; Escod Industries Board of
    Directors; William R. Davis, ECI Warden; Gene Baker, ECI
    Prison Industry; Linda Williams, ECI Classification; South
    Carolina Department of Corrections Board Members; South
    Carolina Department of Corrections, Defendants-Appellees.
    No. 95-7326.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 18, 1996.
    Decided Feb. 15, 1996.

    Appeal from the United States District Court for the District of South
    Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CA-95594-2-8AJ, CA-95-595-2-8AJ)
    Bernard Bagley, Appellant Pro Se. Daniel Malloy McEachin, Jr.,
    Florence, South Carolina, for Appellees.
    D.S.C.
    AFFIRMED.
    Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN,
    Senior Circuit Judge.
    PER CURIAM:

    Appellant appeals from the district court's orders dismissing his two

    consolidated 42 U.S.C. 1983 (1988) complaints. Appellant's cases were


    referred to a magistrate judge pursuant to 28 U.S.C. 636(b)(1)(B) (1988). The
    magistrate judge recommended that relief be denied and advised Appellant that
    failure to file timely objections to the recommendations could waive appellate
    review of the district court orders based upon the recommendations. Despite
    this warning, Appellant failed to object to the magistrate judge's
    recommendations.
    The timely filing of 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. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir.1985). See generally
    Thomas v. Arn, 474 U.S. 140 (1985). Appellant has waived appellate review by
    failing to file objections 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 the
    court and argument would not aid the decisional process.
    AFFIRMED

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