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    United States Court of Appeals, Fourth Circuit

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes the dismissal of a Section 1983 complaint filed by the plaintiff, Tahrim Supreme C. Jihad, against prison officials. The plaintiff's case was referred to a magistrate judge who recommended relief be denied. The plaintiff failed to file a timely objection to the magistrate's recommendation, despite being warned this could waive his right to appellate review. As the plaintiff did not object after receiving notice, the Fourth Circuit affirmed the district court's dismissal of the case.

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    United States Court of Appeals, Fourth Circuit

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes the dismissal of a Section 1983 complaint filed by the plaintiff, Tahrim Supreme C. Jihad, against prison officials. The plaintiff's case was referred to a magistrate judge who recommended relief be denied. The plaintiff failed to file a timely objection to the magistrate's recommendation, despite being warned this could waive his right to appellate review. As the plaintiff did not object after receiving notice, the Fourth Circuit affirmed the district court's dismissal of the case.

    Original Description:

    Filed: 1996-01-24 Precedential Status: Precedential Citations: 74 F.3d 1232 Docket: 95-7450

    Original Title

    Tahrim Supreme C. Jihad, A/K/A Vincent Edward Little v. R. McKenzie Sergeant Lieutenant McMichael Senior Warden Fowler Captain Gillispie, in Their Individual and Official Capacities, Acting Under Color of State Law, 74 F.3d 1232, 4th Cir. (1996)

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes the dismissal of a Section 1983 complaint filed by the plaintiff, Tahrim Supreme C. Jihad, against prison officials. The plaintiff's case was referred to a magistrate judge who recommended relief be denied. The plaintiff failed to file a timely objection to the magistrate's recommendation, despite being warned this could waive his right to appellate review. As the plaintiff did not object after receiving notice, the Fourth Circuit affirmed the district court's dismissal of the case.

    Copyright:

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

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes the dismissal of a Section 1983 complaint filed by the plaintiff, Tahrim Supreme C. Jihad, against prison officials. The plaintiff's case was referred to a magistrate judge who recommended relief be denied. The plaintiff failed to file a timely objection to the magistrate's recommendation, despite being warned this could waive his right to appellate review. As the plaintiff did not object after receiving notice, the Fourth Circuit affirmed the district court's dismissal of the case.

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    of 2

    74 F.

    3d 1232
    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.

    Tahrim Supreme C. JIHAD, a/k/a Vincent Edward Little,


    Plaintiff--Appellant,
    v.
    R. McKENZIE, Sergeant; Lieutenant McMichael; Senior
    Warden
    Fowler; Captain Gillispie, in their individual
    and official capacities, acting under
    color of state law,
    Defendants--Appellees.
    No. 95-7450.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 11, 1996.
    Decided Jan. 24, 1996.

    Tahrim Supreme C. Jihad, Appellant Pro Se. William Llewellyn Pope,


    Roy F. Laney, POPE & RODGERS, Columbia, South Carolina, for
    Appellees.
    Before RUSSELL, HALL, and WILKINSON, Circuit Judges.
    PER CURIAM:

    Appellant appeals the district court's order 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). 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.

    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 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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