Ernest James Black v. L v. Stephenson Roy Tyson, Captain

Submitted: Nov. 12, 1987. Decided: Feb. 9, 1988.

Fourth Circuit Court of Appeals · decided 1988-02-09

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Thomas v. Arn · Wright v. Collins · Donna O. Johnson and Home Rule Graphics, Inc. v. Dawn H. Elliott and Homestead Designs, Inc.

Opinion by Per Curiam · Decided 1988-02-09

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Ernest James Black, appellant pro se.

Lucien Capone, III, Assistant Attorney General, for appellees.

Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

¶1

Ernest Black, a North Carolina inmate, appeals the dismissal of his 42 U.S.C. Sec. 1983 complaint. As Black failed to file objections to the magistrate's findings and recommendation upon proper notice, we find that he has waived appellate review of the decision below. Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir.1985).

¶2

We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

¶3

AFFIRMED.