No. 15-6922
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Arenda L. Wright Allen,
District Judge. (2:14-cv-00553-AWA-DEM)
Submitted:
Decided:
PER CURIAM:
Jordan
Joseph
Kinard
appeals
the
district
courts
order
In its order,
claim.
A party who fails to object in writing to a magistrate
judges proposed findings of fact and conclusions of law is not
entitled
to
determinations
determinations
de
novo
and
on
review
of
is
barred
appeal.
Wright
the
from
v.
judges
contesting
Collins,
766
F.2d
those
841,
magistrate
at 845-46.
From the record presented, we cannot conclusively determine
whether Kinard received a copy of the report and recommendation.
Accordingly, we vacate the decision of the district court and
2
If,
however, the court finds that Kinard did receive the report and
recommendation,
it
may
reenter
its
original
order,
with
any
necessary modifications.
We grant leave to proceed in forma pauperis and dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and