Wright v. Collins, 84-6001

Citation766 F.2d 841
Decision Date07 January 1985
Docket NumberNo. 84-6001,84-6001
PartiesGarcia Jay WRIGHT, Appellant, v. George COLLINS, Warden, Maryland Penitentiary; Dr. Berry; Officer Larry Donnell, Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)

Peter J. McNamara, Baltimore, Md. (Robert L. Ehrlich, Baltimore, Md., on brief), for appellant.

Richard B. Rosenblatt, Asst. Atty. Gen., Baltimore, Md. (Stephen Sachs, Atty. Gen. of Maryland, Baltimore, Md., on brief), for appellees.

Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

ERVIN, Circuit Judge:

Appellant Garcia Jay Wright is an inmate at Maryland Penitentiary. He brought this action under 42 U.S.C. Sec. 1983 against the warden, a correctional officer, and the chief medical officer of Maryland Penitentiary. Wright alleges that a variety of actions by these prison officials violated his constitutional rights. The district court referred the case to a magistrate who recommended that a motion by appellees for summary judgment be granted. The district court granted Wright an extension of time to file objections to the magistrate's report. No objections were filed. The district court adopted the magistrate's recommendations and denied a subsequent request by Wright for an additional extension of time to file objections. Wright then moved to amend his complaint and to vacate the district court's judgment. Both motions were denied. Wright now appeals from the grant of summary judgment.

On this appeal we must decide, first, whether Wright has waived his right of appeal due to his failure to file objections to the magistrate's report under 28 U.S.C. Sec. 636(b)(1). If Wright's appeal has not been waived, we must consider (1) whether res judicata bars consideration of his challenge to the constitutionality of prison conditions due to the previous judgment involving conditions at Maryland Penitentiary in Nelson v. Collins, 455 F.Supp. 727 (D.Md.1978), aff'd in part and remanded sub nom. Johnson v. Levine, 588 F.2d 1378 (4th Cir.1978); vacated in part and remanded, Nelson v. Collins, 659 F.2d 420 (4th Cir.1981); and (2) whether the district court erred in granting summary judgment to the defendants. We affirm in part and reverse in part and remand the case for further proceedings.

I.

This case arises from three separate incidents. First, on October 24, 1980, Wright was ordered by Correctional Officer Larry Donnell to remove garbage from a sixteen-foot deep prison "moat" using a twelve-foot ladder. While executing this task, Wright fell from the top step of the ladder onto his back, sustaining soft tissue injuries but no fractures. Wright contends that the task Donnell ordered him to perform was dangerous because of the size of the ladder and that Donnell knew that the ladder was unsafe. Consequently, Wright alleges that by ordering him to perform this task, Donnell violated his eighth amendment rights.

Wright's claims against the head of the prison medical staff, Dr. Wayne S. Barry, concern the medical treatment he received for the injuries sustained in his fall. After the accident, Wright was taken by ambulance to the University of Maryland Hospital for treatment. He was transferred later the same day to the prison clinic and was discharged after three days. Wright alleges that he received inadequate medical treatment while at the clinic, and that he was discharged prematurely by appellee Barry before he had recovered sufficiently from his injuries. According to Wright, on October 29, 1980, two days after his discharge from the clinic, he received some medical attention, physical therapy and a neck brace and was placed on bed rest until November 24, 1980. On November 24, Wright's medical treatment was discontinued and he was ordered to return to work. Wright alleges that he was denied medical attention from November 24, 1980 until December 24, 1980, when he was given a back brace. Wright also claims that he was required to continue working with a neck and back brace even though he was disabled and unable to work. Appellee Barry stated, however, that Wright received "a great deal of medical attention ... for an injury which never resulted in any significant bodily damage, physical impairment, or disease." (App. 24).

Finally, Wright's third set of claims involve his sentence of segregation for sixty days due to alleged possession of unauthorized medication and intoxicants in April of 1981. Although Wright requested representation at his adjustment hearing, he was tried without representation, which he claims was a denial of his due process rights. The adjustment team found Wright guilty and sentenced him to segregation. Wright appealed the decision to appellee George H. Collins, the prison warden, who upheld the adjustment team decision.

Wright was then placed in segregation, and he alleges that the conditions in the segregation unit constituted cruel and unusual punishment. According to Wright, his cell was unsanitary and rodent infested. He alleges that rodents were attracted to his cell because garbage was allowed to accumulate outside of it. He claims that he was only allowed to shower once every ten days even though the sink in his cell was stopped-up. He also maintains that he was denied any opportunity to exercise and was deprived of physical therapy and medical treatment, notwithstanding his continuing back problems. He claims that, despite his back injury, he was required to sleep on a bunk without a mattress.

On June 16, 1981, Wright filed a pro se complaint in federal district court charging Donnell, Barry and Collins with violating his rights under the U.S. Constitution. In August of 1981, appellees filed a motion to dismiss or, in the alternative, a motion for summary judgment. The matter was referred to U.S. Magistrate Fredric M. Smalkin, and on September 30, 1983, Magistrate Smalkin issued a report recommending that summary judgment be granted. He found that Wright's claim against Donnell for the accident was one of simple negligence for which there were adequate state remedies, and consequently the claim did not come within the scope of Sec. 1983 jurisdiction. With respect to appellee Barry, the magistrate found that Wright had not established a case of "deliberate indifference" required for Sec. 1983 liability against physicians. Estelle v. Gamble, 429 U.S. 97, 105, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976). Finally, Magistrate Smalkin found that Warden Collins was not liable because Wright had not established the requisite personal involvement on Collins' part in the conditions of the segregation unit or in the sentencing process to make him personally liable under Wright's cruel and unusual punishment or due process allegations. Further, Magistrate Smalkin found that any challenge to the conditions of the segregation unit was barred by res judicata because Wright was a member of the plaintiff class in a case involving prison conditions at Maryland Penitentiary. See Nelson v. Collins, 455 F.Supp. 727 (D.Md.), aff'd in part and remanded sub nom. Johnson v. Levine, 588 F.2d 1378 (4th Cir.1978), vacated in part and remanded, Nelson v. Collins, 659 F.2d 420 (4th Cir.1981).

A copy of the magistrate's report was sent to Wright on September 30, 1983, with a letter indicating that any objections to the report "must be received no later than October 13, 1983." The letter did not indicate the possible consequences of a failure to object within the appropriate time period. Wright moved for an extension of time for filing objections from October 13 to November 13, which was granted by the district court. As of November 13, the court had received no objections from Wright. On November 16, 1983, the district court adopted the magistrate's report and recommendations and granted summary judgment to the defendants. Two days later the court received a motion from Wright requesting an additional extension of time. Apparently it had been sent on November 9, 1983. On November 21, 1983, the district court denied Wright's motion on the basis that his indigency, lack of legal counsel, limited access to legal materials and lack of time to contact witnesses were insufficient justifications for an additional extension. On December 15, 1983, Wright filed a motion to vacate judgment, a motion to amend his complaint and a motion to proceed in forma pauperis, which were denied by the district court. Wright now appeals from the grant of summary judgment against him.

II.

The initial question in this case is whether Wright is barred from appealing the district court's judgment due to his failure to object in a timely fashion to the magistrate's report. The Federal Magistrate Act provides that after a magistrate has filed recommended findings of fact and conclusions of law under 28 U.S.C. Sec. 636(b)(1) "any party may serve and file written objections to such proposed findings and recommendations" within ten days. After objections have been filed,

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. The judge may also receive further evidence or recommit the matter to the magistrate with instructions.

28 U.S.C. Sec. 636(b)(1).

Recently this court considered whether Sec. 636(b)(1) of the Federal Magistrate Act was intended to limit the right of a party to appeal after failing to object to a magistrate's report. USA v. Schronce, 727 F.2d 91 (4th Cir.1984), cert. denied, --- U.S. ----, 104 S.Ct. 2395, 81 L.Ed.2d 352 (1984). The court recognized that the purpose of the Act was to give magistrates a significant role in the federal judicial system in order to reduce district court case loads. Neither the Act nor its legislative history specifically addressed the question of the consequences of a party...

To continue reading

Request your trial
14596 cases
  • Riddick v. Watson
    • United States
    • U.S. District Court — Eastern District of Virginia
    • 25 d3 Novembro d3 2020
    ...inmate's proper medical care’ are not actionable absent exceptional circumstances" (alteration in original) (quoting Wright v. Collins, 766 F.2d 841, 849 (4th Cir. 1985) )). Instead, to constitute deliberate indifference, "the official must both be aware of facts from which the inference co......
  • Thomas v. Colvin
    • United States
    • U.S. District Court — District of South Carolina
    • 6 d2 Setembro d2 2011
    ...of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984). 1. Pursuant to 28 U.S.C. §636(b)(1), and D.S.C. Civ. R. 73.02(B)(2)(b),(d......
  • Lane v. Francis
    • United States
    • U.S. District Court — Southern District of West Virginia
    • 14 d5 Junho d5 2019
    ...Court of Appeals. Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); Thomas v. Arn, 474 U.S. 140, 155 (1985); Wright v. Collins, 766 F.2d 841, 846 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Copies of such objections shall be served on opposing parties......
  • Ramadan v. Fbop, Civil Action No. 1:14-cv-25757
    • United States
    • U.S. District Court — Southern District of West Virginia
    • 27 d4 Agosto d4 2015
    ...Court of Appeals. Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); Thomas v. Arn, 474 U.S. 140, 155 (1985);Wright v. Collins, 766 F.2d 841, 846 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Copies of such objections shall be served on opposing parties,......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT