UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6023
SAMUEL C. DAVIS,
Plaintiff - Appellant,
versus
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. David C. Norton, District Judge.
(CA-03-3375)
Submitted: February 19, 2004 Decided: February 26, 2004
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Samuel C. Davis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Samuel C. Davis appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2000) complaint. The district
court referred this case to a magistrate judge pursuant to 28
U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended
that relief be denied and advised Davis that failure to timely file
objections to this recommendation could waive appellate review of
a district court order based upon the recommendation. Despite this
warning, Davis failed to object to the magistrate judge’s
recommendation.
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 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). Davis 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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