UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1542
ELVIN CLIFFORD WATKINS,
Plaintiff – Appellant,
v.
BOB ROBERTS, Director and Chief of Police, West Virginia
University,
Defendant - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. Gina M. Groh,
District Judge. (3:14-cv-00009-GMG-JES)
Submitted: September 23, 3014 Decided: September 25, 2014
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Elvin Clifford Watkins, Appellant Pro Se. Thomas Shawn Kleeh,
Joseph Umberto Leonoro, STEPTOE & JOHNSON, PLLC, Charleston,
West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Elvin Clifford Watkins seeks to appeal the district
court’s order denying relief on his 42 U.S.C. § 1983 (2012)
complaint. The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012).
The magistrate judge recommended that relief be denied and
advised Watkins that failure to file timely 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. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).
Watkins has waived appellate review by failing to file
objections after receiving proper notice. Accordingly, we deny
leave to proceed in forma pauperis and dismiss the appeal. We
deny Watkins’ motion to strike the Appellee’s informal reply
brief.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before this court and argument would not aid the decisional
process.
DISMISSED
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