Scribd Logo
Upload

Welcome to Scribd!

  • 64 views

    Frank M. Gaster v. Leon Parrott, Assistant Solicitor Michael Carter, Sheriff Alton L. Cribb, Deputy C. P. Larrimore, Magistrate William H. Ballenger, Judge Roy Roberts, Magistrate H. S. Zickerfoose, Investigator Randell Cox, City Policeman Russell Cox, Officer Mark Graham, Deputy Barry Prosser, Officer Gerald Hanna, Auxiliary Deputy Benton Williams, Doctor, 51 F.3d 266, 4th Cir. (1995)

    Uploaded by

    Scribd Government Docs
    This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1995. It summarizes the dismissal of the plaintiff's civil rights case against various defendants. The court affirmed the dismissal of claims against four defendants because the plaintiff failed to file objections to the magistrate's recommendations. The court also affirmed the dismissal of the remaining defendants, finding no merit in the plaintiff's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Frank M. Gaster v. Leon Parrott, Assistant Solicitor Michael Carter, Sheriff Alton L. Cribb, Deputy C. P. Larrimore, Magistrate William H. Ballenger, Judge Roy Roberts, Magistrate H. S. Zickerfoose, Investigator Randell Cox, City Policeman Russell Cox, Officer Mark Graham, Deputy Barry Prosser, Officer Gerald Hanna, Auxiliary Deputy Benton Williams, Doctor, 51 F.3d 266, 4th Cir. (1995)

    Uploaded by

    Scribd Government Docs
    64 views2 pages
    This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1995. It summarizes the dismissal of the plaintiff's civil rights case against various defendants. The court affirmed the dismissal of claims against four defendants because the plaintiff failed to file objections to the magistrate's recommendations. The court also affirmed the dismissal of the remaining defendants, finding no merit in the plaintiff's appeal.

    Original Description:

    Filed: 1995-03-31 Precedential Status: Non-Precedential Citations: 51 F.3d 266 Docket: 94-6939

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1995. It summarizes the dismissal of the plaintiff's civil rights case against various defendants. The court affirmed the dismissal of claims against four defendants because the plaintiff failed to file objections to the magistrate's recommendations. The court also affirmed the dismissal of the remaining defendants, finding no merit in the plaintiff's appeal.

    Copyright:

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

    Frank M. Gaster v. Leon Parrott, Assistant Solicitor Michael Carter, Sheriff Alton L. Cribb, Deputy C. P. Larrimore, Magistrate William H. Ballenger, Judge Roy Roberts, Magistrate H. S. Zickerfoose, Investigator Randell Cox, City Policeman Russell Cox, Officer Mark Graham, Deputy Barry Prosser, Officer Gerald Hanna, Auxiliary Deputy Benton Williams, Doctor, 51 F.3d 266, 4th Cir. (1995)

    Uploaded by

    Scribd Government Docs
    This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1995. It summarizes the dismissal of the plaintiff's civil rights case against various defendants. The court affirmed the dismissal of claims against four defendants because the plaintiff failed to file objections to the magistrate's recommendations. The court also affirmed the dismissal of the remaining defendants, finding no merit in the plaintiff's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    51 F.

    3d 266

    NOTICE: Fourth Circuit I.O.P. 36.6 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.
    Frank M. GASTER, Plaintiff-Appellant,
    v.
    Leon PARROTT, Assistant Solicitor; Michael Carter, Sheriff;
    Alton L. Cribb, Deputy; C. P. Larrimore, Magistrate;
    William H. Ballenger, Judge; Roy Roberts, Magistrate; H.
    S. Zickerfoose, Investigator; Randell Cox, City Policeman;
    Russell Cox, Officer; Mark Graham, Deputy; Barry Prosser,
    Officer; Gerald Hanna, Auxiliary Deputy; Benton Williams,
    Doctor, Defendants-Appellees.
    No. 94-6939.

    United States Court of Appeals, Fourth Circuit.


    Submitted: March 15, 1995.
    Decided: March 31, 1995.

    Frank M. Gaster, Appellant Pro Se. Mark Wilson Buyck, Jr., L. Hunter
    Limbaugh, Willcox, McLeod, Buyck, Baker & Williams, P.A., Florence,
    SC, Mary Robin Morris, McCutcheon, McCutcheon & Baxter, P.A.,
    Conway, SC, for Appellees.
    Before RUSSELL and WILLIAMS, Circuit Judges, and CHAPMAN,
    Senior Circuit Judge.
    PER CURIAM:

    Appellant appeals the district court's orders dismissing 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). With respect to four Defendants, 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.
    2

    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
    denying relief with respect to claims against those four Defendants by failing to
    file objections after receiving proper notice. Accordingly, we affirm that
    judgment of the district court as to those Defendants.

    Regarding the district's second order denying relief with respect to the
    remaining Defendants, our review of the record and the district court's opinion
    accepting the recommendation of the magistrate judge discloses that this appeal
    is without merit. Accordingly, we affirm that order on the reasoning of the
    district court. Gaster v. Parrott, No. CA-91-1431-3-20-A (D.S.C. Aug. 2, 1994).
    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..

    You might also like