Tebe Wesley Shepard, Jr., Plaintiff-appellant, v. J. A. Whitley, Correctional Officer, Aaron Johnson,secretary of North Carolina Dept. of Corrections, Michael E.bumgarner, Superintendent of Southern Correctional Center,t. L. Harvel, Unit Manager, H. L. Yow, Assistantsuperintendent, Lieutenant Galliher, Second Shiftinstitutional Superior, Captain Burleson, Second Shiftinstitutional Security, John Doe, Officer in Charge Ofsecurity Tower #2 on 06-19-86 Second Shift, W. E. Mcmichaelassistant Supt., Defendants-appellees, 829 F.2d 36 (4th Cir. 1987)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 829 F.2d 36 (4th Cir. 1987) Submitted July 22, 1987. Decided September 9, 1987

Tebe Wesley Shepard, Jr., appellant pro se.

Kaye R. Webb, Office of the Attorney General, for appellees.

Before DONALD RUSSELL, JAMES DICKSON PHILLIPS and ERVIN, Circuit Judges.

PER CURIAM:


Tebe W. Shepard, Jr., a North Carolina inmate, seeks to appeal from the magistrate's recommendation that his 42 U.S.C. § 1983 action be dismissed. As 'there is no clear and unambiguous statement in the record indicating that the parties consented to the exercise of plenary jurisdiction by the magistrate,' Ambrose v. Welch, 729 F.2d 1084, 1085 (6th Cir. 1984), we lack jurisdiction to consider the appeal. Shepard must obtain review of the magistrate's recommendation in the district court before he can appeal to this Court. Id.

The appeal is dismissed. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

DISMISSED.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.