Michael Sanders v. Joseph Battles, No. 12-7312 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7312 MICHAEL E. SANDERS, Plaintiff Appellant, v. JOSEPH BATTLES, administrator for the Abbeville County Detention Center in his official and individual capacity; CHARLES GOODWIN, Sheriff in his official and individual capacity; LEIGH ANN MCMAHAN, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., Senior District Judge. (6:11-cv-02734-GRA) Submitted: October 11, 2012 Decided: October 16, 2012 Before KING, DUNCAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael E. Sanders, Appellant Pro Se. Russell W. Harter, Jr., CHAPMAN, HARTER & GROVES, PA, Greenville, South Carolina; Elliott T. Halio, HALIO & HALIO, Charleston, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael E. Sanders 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. 2012). The magistrate judge recommended that relief be denied and advised Sanders 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 specific recommendation is objections necessary to to a preserve appellate review of the substance of that recommendation when the parties have noncompliance. Cir. 1985); Sanders objections warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th see has been also waived after Thomas v. appellate receiving Arn, 474 review by proper U.S. 140 failing notice. (1985). to file Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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