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    Edgerton v. Sheriff of Franklin, 4th Cir. (1998)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a § 1983 complaint filed by James R. Edgerton against the Sheriff of Franklin County and the Chief Jailer. Edgerton's case was referred to a magistrate judge who recommended denying relief. Edgerton failed to file timely objections to the magistrate's recommendation, and as a result waived his right to appellate review. The Fourth Circuit affirmed the district court's dismissal of Edgerton's complaint.

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    Edgerton v. Sheriff of Franklin, 4th Cir. (1998)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a § 1983 complaint filed by James R. Edgerton against the Sheriff of Franklin County and the Chief Jailer. Edgerton's case was referred to a magistrate judge who recommended denying relief. Edgerton failed to file timely objections to the magistrate's recommendation, and as a result waived his right to appellate review. The Fourth Circuit affirmed the district court's dismissal of Edgerton's complaint.

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    Filed: 1998-08-28 Precedential Status: Non-Precedential Docket: 97-6951

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a § 1983 complaint filed by James R. Edgerton against the Sheriff of Franklin County and the Chief Jailer. Edgerton's case was referred to a magistrate judge who recommended denying relief. Edgerton failed to file timely objections to the magistrate's recommendation, and as a result waived his right to appellate review. The Fourth Circuit affirmed the district court's dismissal of Edgerton's complaint.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    15 views3 pages

    Edgerton v. Sheriff of Franklin, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a § 1983 complaint filed by James R. Edgerton against the Sheriff of Franklin County and the Chief Jailer. Edgerton's case was referred to a magistrate judge who recommended denying relief. Edgerton failed to file timely objections to the magistrate's recommendation, and as a result waived his right to appellate review. The Fourth Circuit affirmed the district court's dismissal of Edgerton's complaint.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6951

    JAMES R. EDGERTON,
    Plaintiff - Appellant,
    versus
    SHERIFF OF FRANKLIN COUNTY; EARNEST H. SMITH,
    Chief Jailer,
    Defendants - Appellees,
    and
    FRANKLIN COUNTY JAIL,
    Defendant.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District
    Judge. (CA-94-327-5-CT-H)

    Submitted:

    August 13, 1998

    Decided:

    August 28, 1998

    Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    James R. Edgerton, Appellant Pro Se. Robert Harrison Sasser, III,


    WOMBLE, CARLYLE, SANDRIDGE & RICE, Raleigh, North Carolina, for
    Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals the district courts order dismissing his 42
    U.S.C. 1983 (1994) complaint. Appellants case was referred to a
    magistrate judge pursuant to 28 U.S.C. 636(b)(1)(B) (1994). 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 judges recommendation.
    The timely filing of objections to a magistrate judges
    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 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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