UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7673
LYNDON B. TISDALE,
Plaintiff - Appellant,
versus
CALVIN ANTHONY, Warden of Lee Correctional
Institution,
Defendant - Appellee,
and
SCDC, Intity,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Solomon Blatt, Jr., Senior District
Judge. (CA-99-3874-2-8AJ)
Submitted: February 8, 2001 Decided: February 15, 2001
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lyndon B. Tisdale, Appellant Pro Se. John Evans James, III,
RICHARDSON & JAMES, Sumter, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Lyndon B. Tisdale appeals the district court’s order dismiss-
ing his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. Tisdale’s
case was referred to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) (1994). The magistrate judge recommended that re-
lief be denied and advised Tisdale that failure to file timely
objections to this recommendation could waive appellate review of
a district court order based upon the recommendation. Despite this
warning, Tisdale failed to object to the magistrate judge’s
recommendation.
The timely filing of 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
that failure to object will waive appellate review. Wright v.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v.
Arn, 474 U.S. 140 (1985). Tisdale has waived appellate review by
failing to file objections after receiving proper notice. Accord-
ingly, we affirm the judgment of the district court. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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