John Baccus v. Bill Byars, No. 11-7426 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7426 JOHN ROOSEVELT BACCUS, a/k/a John Baccus, Plaintiff Appellant, v. BILL BYARS, Director of South Carolina Department of Corrections SCDC; NIKKI HALEY, Governor of South Carolina; JEAN HOEFER TOAL, Chief Justice of South Carolina Supreme Court; LEROY CARTLEDGE, Warden; LEWIS A SCOTT; FRANK MURSIER; MAJOR STEVEN; JAMES PARKER, Capt; WARDEN YARBOUGH, Asso; JOYCE YOUNG, Cpl; J. FRANKLIN, Mailroom; TERRY; SERGEANT JONES, Classification; CAMBELL; SERGEANT MOSS, Food Supervisor; MARCIA FULLER, RD; N BARBER; SEN CHAMPLIN; NURSE ANDREWS; NURSE JAMES; J MCCREE, Physician; ELIZABETH WALKER, Adm Specialist; COREENE, Correctional Officer C-O; MS. LEWIS, Dental; MS HINES, Dental; LIEUTENANT WRIGHT; SERGEANT WRIGHT; MS. BELL; LT. THOMPLINS; MS. LEE, CO; MR BEGGS, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. David C. Norton, District Judge. (9:11-cv-01280-DCN) Submitted: January 31, 2012 Decided: February 3, 2012 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. John Roosevelt Baccus, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: John Roosevelt Baccus appeals the district court s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2011). The magistrate judge recommended that relief be denied and advised Baccus that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The magistrate timely judge s filing of recommendation specific is objections necessary to to a preserve appellate review of the substance of that recommendation when the parties have noncompliance. been warned of the consequences Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). has waived objections appellate after of review receiving by proper failing notice. to file Baccus specific Accordingly, we affirm the judgment of the district court. We deny Baccus s motions for injunctive relief pending appeal, emergency intervention, and for release. We dispense with oral argument because the facts and legal contentions are 3 adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 4

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