Garcia Jay Wright v. George Collins, Warden, Maryland Penitentiary Dr. Berry Officer Larry Donnell

ERVIN, Circuit Judge:

Appellant Garcia Jay Wright is an inmate at Maryland Penitentiary. He brought this action under 42 U.S.C. § 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. § 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.