UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8000
GREGORY A. RICHARDSON,
Plaintiff - Appellant,
versus
L. LEE, Correctional Officer/Security
Personnel; RECORDS DEPARTMENT; T. L. JOHNSON,
Correctional Officer/Security Personnel;
RONALD ANGELONE, Director/Supervisor Virginia
State Penal Institutions; BOARD OF
CORRECTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-01-211)
Submitted: April 18, 2002 Decided: April 25, 2002
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gregory A. Richardson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gregory A. Richardson appeals the district court’s order
dismissing his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint.
Richardson’s case was referred to a magistrate judge pursuant to 28
U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended
that relief be denied and advised Richardson 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, Richardson 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. See Wright v.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v.
Arn, 474 U.S. 140 (1985). Richardson has waived appellate review
by failing to file objections after receiving proper notice.
Accordingly, 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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