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    United States Court of Appeals, Fourth Circuit

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    Theron Johnny Maxton filed a 42 U.S.C. § 1983 complaint against medical staff and the South Carolina Department of Corrections which was referred to a magistrate judge. The magistrate judge recommended dismissing the complaint. Maxton did not file objections to the recommendation and instead appealed directly to the Fourth Circuit. The Fourth Circuit dismissed the appeal because Maxton failed to properly object to the magistrate's recommendation, and the recommendation itself is not an appealable order.

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    United States Court of Appeals, Fourth Circuit

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    Theron Johnny Maxton filed a 42 U.S.C. § 1983 complaint against medical staff and the South Carolina Department of Corrections which was referred to a magistrate judge. The magistrate judge recommended dismissing the complaint. Maxton did not file objections to the recommendation and instead appealed directly to the Fourth Circuit. The Fourth Circuit dismissed the appeal because Maxton failed to properly object to the magistrate's recommendation, and the recommendation itself is not an appealable order.

    Original Description:

    Filed: 1995-08-17 Precedential Status: Non-Precedential Citations: 64 F.3d 658 Docket: 95-6452

    Original Title

    Theron Johnny Maxton v. A. Askin, Nurse at Kirkland Correctional Institution Mr. Floyd, Nurse, Kirkland Correctional Institution Doctor Prashad, Kirkland Correctional Institution South Carolina Department of Corrections, 64 F.3d 658, 4th Cir. (1995)

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    Theron Johnny Maxton filed a 42 U.S.C. § 1983 complaint against medical staff and the South Carolina Department of Corrections which was referred to a magistrate judge. The magistrate judge recommended dismissing the complaint. Maxton did not file objections to the recommendation and instead appealed directly to the Fourth Circuit. The Fourth Circuit dismissed the appeal because Maxton failed to properly object to the magistrate's recommendation, and the recommendation itself is not an appealable order.

    Copyright:

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

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    Theron Johnny Maxton filed a 42 U.S.C. § 1983 complaint against medical staff and the South Carolina Department of Corrections which was referred to a magistrate judge. The magistrate judge recommended dismissing the complaint. Maxton did not file objections to the recommendation and instead appealed directly to the Fourth Circuit. The Fourth Circuit dismissed the appeal because Maxton failed to properly object to the magistrate's recommendation, and the recommendation itself is not an appealable order.

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    of 2

    64 F.

    3d 658

    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.
    Theron Johnny MAXTON, Plaintiff-Appellant,
    v.
    A. ASKIN, Nurse at Kirkland Correctional Institution; Mr.
    Floyd, Nurse, Kirkland Correctional Institution; Doctor
    Prashad, Kirkland Correctional Institution; South Carolina
    Department of Corrections, Defendants-Appellees.
    No. 95-6452.

    United States Court of Appeals, Fourth Circuit.


    Submitted: July 27, 1995.
    Decided: Aug. 17, 1995.

    Theron Johnny Maxton, Appellant Pro Se.


    Before ERVIN, Chief Judge, MOTZ, Circuit Judge, and PHILLIPS,
    Senior Circuit Judge.
    PER CURIAM:

    Appellant appeals the magistrate judge's recommendation to dismiss his 42


    U.S.C. Sec. 1983 (1988) complaint. Appellant's case was referred to a
    magistrate judge pursuant to 28 U.S.C. Sec. 636(b)(1)(B) (1988). The
    magistrate judge recommended that relief be denied and advised Appellant that
    failure to file timely objections to this recommendation could waive appellate
    review of a district court order based upon the recommendation. Despite this
    warning, Appellant failed to object to the magistrate judge's recommendation.
    Instead, he appealed.

    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 failed to file objections after
    receiving proper notice. Further, the appeal was filed from the magistrate
    judge's report and recommendation, which is not an appealable order. 28 U.S.C.
    Secs. 1291, 1292 (1988). Accordingly, we dismiss the appeal. 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

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