UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6090
JAMES H. MCBRIDE,
Plaintiff – Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Defendant – Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:09-cv-00716-JRS)
Submitted: March 31, 2011 Decided: April 6, 2011
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James H. McBride, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James H. McBride appeals the district court’s order
denying his motion to appoint McBride new counsel in a criminal
case pending in state court. The district court abstained from
deciding the case, pursuant to Younger v. Harris, 401 U.S. 37
(1971). * The Younger doctrine “permits federal courts to refrain
from hearing cases that would interfere with a pending state
criminal proceeding.” Martin v. Stewart, 499 F.3d 360, 363
(4th Cir. 2007). We review for abuse of discretion a district
court’s decision to abstain under Younger, Laurel Sand & Gravel,
Inc. v. Wilson, 519 F.3d 156, 161 (4th Cir. 2008), and find no
abuse of discretion here. Accordingly, we affirm the decision
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
*
Although McBride did not file timely objections to the
magistrate judge’s report and recommendation, he did pursue the
alternate option suggested by the magistrate judge of filing an
amended complaint. Thus, McBride’s failure to file objections
did not result in a waiver of his right to appellate review.
cf. United States v. Midgette, 478 F.3d 616, 621-22 (4th Cir.
2007) (holding a party waives appellate review by failing to
file timely and specific objections to a magistrate judge’s
report).
2