Petition for Writ of Certiorari — Anthony G. Bryant, Petitioner v. Department of Education, et al.

Supreme Court briefApr 18, 2019

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FILED: April 10, 2019

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-2264(L)

(2:18-cv-022 17-MBS)

ANTHONY G. BRYANT

Plaintiff Appellant

-

V.

-

US DEPARTMENT OF EDUCATION; FEDERAL BUREAU OF

INVESTIGATION, FBI; ALCOHOL, FIREARMS, TOBACCO AND

EXPLOSIVES, ATF; DRUG ENFORCEMENT ADMINISTRATION

Defendants Appellees

-

and

ATTORNEY GENERAL OF THE UNITED STATES; US MARSHALS

Defendants

No. 18-2265

(2:18-cv-02593-MBS)

ANTHONY G. BRYANT

Plaintiff Appellant

-

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V.

UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES

MARSHAL; ATTORNEY GENERAL OF THE UNITED STATES

Defendants Appellees

-

and

UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA

Defendant

No. 18-2266

(2:18-cv-02582-MBS)

ANTHONY G. BRYANT

Plaintiff Appellant

-

V.

UNITED STATES MARSHAL; FEDERAL TRADE COMMISSION;

ATTORNEY GENERAL OF THE UNITED STATES; UNITED STATES

ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA

Defendants Appellees

-

No. 18-2267

(2:18-cv-0 143 6-MB S)

ANTHONY G. BRYANT

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Plaintiff Appellant

-

V.

ENVIRONMENTAL PROTECTION AGENCY, EPA; ATTORNEY GENERAL

OF THE UNITED STATES; US ATTORNEY FOR THE DISTRICT OF SOUTH

CAROLINA; INTERNAL REVENUE SERVICE

Defendants Appellees

-

No. 18-2268

(2:18-cv-00606-MBS)

ANTHONY G. BRYANT

Plaintiff Appellant

-

V.

INTERNAL REVENUE SERVICE; UNITED STATES DEPARTMENT OF

HOUSING & URBAN DEVELOPMENT; UNITED STATES ATTORNEY FOR

THE DISTRICT OF SOUTH CAROLINA; ATTORNEY GENERAL OF THE

UNITED STATES

Defendants Appellees

-

No. 18-2270

(2:18-cv-02738-MBS)

ANTHONY G. BRYANT

Plaintiff Appellant

-

V.

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US SECRET SERVICE; US POSTAL SERVICE; ATTORNEY GENERAL OF

THE UNITED STATES; US ATTORNEY FOR THE DISTRICT OF SOUTH

CAROLINA

Defendants Appellees

-

No. 18-2271

(2: 18-cv-02467-MBS)

ANTHONY G. BRYANT

Plaintiff Appellant

-

V.

FEDERAL COMMUNICATIONS COMMISSION, FCC; SOCIAL SECURITY

ADMINISTRATION; DEPARTMENT OF JUSTICE; FEDERAL DEPOSIT

INSURANCE CORPORATION

Defendants Appellees

-

No. 18-2337

(2:18-cv-02 159-MBS)

ANTHONY G. BRYANT

Plaintiff Appellant

-

I,,

US DEPARTMENT OF TRANSPORTATION; HOMELAND SECURITY;

ATTORNEY GENERAL OF THE UNITED STATES; US ATTORNEY FOR

THE DISTRICT OF SOUTH CAROLINA

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Defendants Appellees

-

No. 18-2373

(2:18-cv-00607-MBS)

ANTHONY G. BRYANT

Plaintiff Appellant

-

BRYANT GROUP INC

Plaintiff

V.

INTERNAL REVENUE SERVICE; BETH DRAKE, U.S. Attorney for the

District of South Carolina; UNITED STATES DEPARTMENT OF HOUSING &

URBAN DEVELOPMENT; ATTORNEY GENERAL OF THE UNITED

STATES

Defendants Appellees

-

JUDGMENT

In accordance with the decision of this court, the judgment of the district

court is affirmed.

This judgment shall take effect upon issuance of this court's mandate in

accordance with Fed. R. App. P. 41.

Is! PATRICIA S. CONNOR, CLERK

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-2264

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

V.

US DEPARTMENT OF EDUCATION; FEDERAL BUREAU OF

INVESTIGATION, FBI; ALCOHOL, FIREARMS, TOBACCO AND

EXPLOSIVES, ATF; DRUG ENFORCEMENT ADMINISTRATION,

Defendants Appellees,

-

and

ATTORNEY GENERAL OF THE UNITED STATES; US MARSHALS,

Defendants.

No. 18-2265

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

V.

UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES

MARSHAL; ATTORNEY GENERAL OF THE UNITED STATES,

Defendants Appellees,

-

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and

UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA,

Defendant.

No. 18-2266

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

V.

UNITED STATES MARSHAL; FEDERAL TRADE COMMISSION;

ATTORNEY GENERAL OF THE UNITED STATES; UNITED STATES

ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA,

Defendants Appellees.

-

No. 18-2267

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

V.

ENVIRONMENTAL PROTECTION AGENCY, EPA; ATTORNEY GENERAL

OF THE UNITED STATES; US ATTORNEY FOR THE DISTRICT OF SOUTH

CAROLINA; INTERNAL REVENUE SERVICE,

Defendants Appellees.

-

2

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No. 18-2268

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

V.

INTERNAL REVENUE SERVICE; UNITED STATES DEPARTMENT OF

HOUSING & URBAN DEVELOPMENT; UNITED STATES ATTORNEY FOR

THE DISTRICT OF SOUTH CAROLINA; ATTORNEY GENERAL OF THE

UNITED STATES,

Defendants Appellees.

-

No. 18-2270

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

V.

US SECRET SERVICE; US POSTAL SERVICE; ATTORNEY GENERAL OF

THE UNITED STATES; US ATTORNEY FOR THE DISTRICT OF SOUTH

CAROLINA,

Defendants Appellees.

-

No. 18-2271

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

3

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V.

FEDERAL COMMUNICATIONS COMMISSION, FCC; SOCIAL SECURITY

ADMINISTRATION; DEPARTMENT OF JUSTICE; FEDERAL DEPOSIT

INSURANCE CORPORATION,

Defendants Appellees.

-

No. 18-2337

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

V.

US DEPARTMENT OF TRANSPORTATION; HOMELAND SECURITY;

ATTORNEY GENERAL OF THE UNITED STATES; US ATTORNEY FOR

THE DISTRICT OF SOUTH CAROLINA,

Defendants Appellees.

-

No. 18-2373

ANTHONY G. BRYANT,

Plaintiff Appellant,

-

and

BRYANT GROUP INC,

Plaintiff,

V.

4

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INTERNAL REVENUE SERVICE; BETH DRAKE, U.S. Attorney for the

District of South Carolina; UNITED STATES DEPARTMENT OF HOUSING &

URBAN DEVELOPMENT; ATTORNEY GENERAL OF THE UNITED

STATES,

Defendants Appellees.

-

Appeals from the United States District Court for the District of South Carolina, at

Charleston. Margaret B. Seymour, Senior District Judge. (2:18-cv-02217-MBS;

2: 18-cv-02593-MBS; 2:18-cv-02582-MBS; 2: 18-cv-01436-MBS; 2:18-cv-00606-MBS;

2: 18-cv-02738-MBS; 2:18-cv-02467-MBS; 2:18-cv-02159-MBS; 2:18-cv-00607-MBS)

Submitted: March 29, 2019

Decided: April 10, 2019

Before NIEMEYER, KEENAN, and QUATTLEBAUM, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony G. Bryant, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

In these consolidated appeals, Anthony G. Bryant seeks to appeal the district

court's orders dismissing his civil complaints against a variety of federal agencies,

entities, and officials. The court referred the cases to a magistrate judge pursuant to

28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that the complaints

be dismissed and advised Bryant that failure to timely file specific objections to each

recommendation could waive appellate review of the district court's orders based upon

such recommendations. The timely filing of specific objections to a magistrate judge's

recommendation is necessary to preserve appellate review of the substance of that

recommendation when the parties have been warned of the consequences of

noncompliance.

Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also

Thomas v. Am, 474 U.S. 140 (1985). "In order to preserve for appeal an issue in a

magistrate judge's report, a party must object to the finding or recommendation on that

issue with sufficient specificity so as reasonably to alert the district court of the true

ground for the objection." Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017) (internal

quotation marks omitted), cert. denied, 138 S. Ct. 738 (2018).

Bryant has waived appellate review of all of the district court's orders by failing to

file specific objections after receiving proper notice in each case. Accordingly, we affirm

the district court's judgments. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before this court and argument

would not aid the decisional process.

AFFIRMED

rel

2:18-cv-02217-MBS Date Filed 10/22/18 Entry Number 36 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Anthony G. Bryant,

C/A No. 2:18-2217-MBS

Plaintiff,

VS.

ORDER AND OPINION

US Department of Education,

Federal Bureau of Investigation,

Alcohol Tobacco Firearms and Explosives,

Drug Enforcement Administration,

Defendants.

Plaintiff Anthony G. Bryant, a nonprisoner proceeding pro se and in forma pauperis, filed a

complaint on August 13, 2018. In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02,

D.S.C., this matter was referred to United States Magistrate Judge Mary Gordon Baker for pretrial

handling.

The Magistrate Judge reviewed the allegations of the complaint, as amended on August 20,

2018, pursuant to 28 U.S.C. § 1915(e)(2)(B) and the court's inherent authority to dismiss frivolous

cases. The Magistrate Judge observed that the allegations of the complaint are nonsensical and

incoherent, and that (1) Plaintiff fails to state a claim upon which relief can be granted; (2) the

complaint lacks any arguable basis in law or in fact, and therefore is frivolous; (3) the allegations are

so disconnected and incoherent that it appears subject matter jurisdiction is lacking; and (4)

Plaintiff's claims against Defendants US Department of Education; Federal Bureau of Investigation;

Alcohol Tobacco Firearms and Explosives; and Drug Enforcement Administration are barred by the

doctrine of sovereign immunity. Thus, the Magistrate Judge filed a Report and Recommendation

on October 5, 2018, recommending that Plaintiff's complaint be summarily dismissed. Plaintiff filed

2:18-cv-02217-MBS Date Filed 10/22/18 Entry Number 36 Page 2 of 2

objections to the Report and Recommendation on October 5, 2018, October 9, 2018, October 10,

2018, October 12, 2018, October 15, 2018, and October 19, 2018.

The Magistrate Judge makes only a recommendation to this court. The recommendation has

no presumptive weight. The responsibility for making.a final determination remains with this court.

Mathews v. Weber, 423 U.S. 261, 270 (1976). This court may accept, reject, or modify, in whole

or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1).

This court may also receive further evidence or recommit the matter to the Magistrate Judge with

instructions. Id. This court is obligated to conduct a de novo review of every portion of the

Magistrate Judge's report to which objections have been filed. Id However, the district court need

not conduct a de novo review when a party makes only general and conclusory objections that do

not direct the court to a specific error in the Magistrate Judge's proposed findings and

recommendations. Orpiano v. Johnson, 687 F.2d 44, 47-48 (4th Cir. 1982).

In this case, Plaintiff's objections are, like his complaint, not comprehensible. In the court's

view, the objections do not direct the court to a specific error in the Magistrate Judge's Report and

Recommendation. Nevertheless, the court has thoroughly reviewed the record. The court concurs

in the Report and Recommendation and incorporates it herein by reference. Plaintiff's complaint

is summarily dismissed without prejudice, and without issuance and service of process.

IT IS SO ORDERED.

Is! Margaret B. Seymour

Senior United States District Judge

Columbia, South Carolina

October 19, 2018

2

2:18-cv-02217-MBS Date Filed 10/22/18 Entry Number 37 Page 1 of 1

AO 450 (SCD 04/2010) Judgment in a Civil Action

UNITED STATES DISTRICT COURT

for the

District of South Carolina

Anthony G. Bryant

Plaintiff

V.

U.S. Department of Education, Federal Bureau of

Investigation (FBI), Alcohol Tobacco Firearms and

Explosive (ATF), Drug Enforcement Administration

)

)

)

)

)

Civil Action No.

2:1 8-cv-022 17-MBS

Defendants

JUDGMENT IN A CIVIL ACTION

The court has ordered that (check one).

the plaintiff (name)

__________

recover from the defendant (name)

which includes prejudgment interest at the rate of

the amount of

%, plus postjudgment interest at the rate of

dollars ($_J,

%, along with

costs.

iJ the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name)

recover costs from the plaintiff (name)

• other: Plaintiff, Anthony G. Bryant, shall take nothing of Defendants—U.S. Department of Education, Federal

Bureau of Investigation (FBI), Alcohol Tobacco Firearms and Explosive (ATF), Drug Enforcement Administration—as

to the complaint and this action is dismissed without prejudice.

This action was (check one):

IJ tried by a jury, the Honorable

1 tried by the Honorable

presiding, and the jury has rendered a verdict.

presiding, without a jury and the above decision was reached.

• decided by the Honorable Margaret B. Seymour, United States District Judge, presiding. The court having adopted

the Report and Recommendation set forth by the Honorable Mary Gordon Baker, United States Magistrate Judge.

Date: October 22, 2016

ROBJNL. BLUME, CLERK OF COURT

s/S. Samsa

Signature of Clerk or Deputy Clerk

Additional material

from this filing is

available in the

Clerk's Office.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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