Putman v. Wal-Mart

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-2277 LINDA ANN PUTMAN, Plaintiff - Appellant, versus WAL-MART, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CA-02-3653-6) Submitted: March 12, 2004 Decided: March 30, 2004 Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Linda Ann Putman, Appellant Pro Se. Jim Odell Stuckey, II, Deborah Nye Whittle, Willie F. Bradley, Jr., NELSON MULLINS RILEY & SCARBOROUGH, L.L.P., Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Linda Ann Putman appeals the district court’s order dismissing her 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 Putman that failure to file timely objections to this recommendation would waive appellate review of a district court order based upon the recommendation. Despite this warning, Putman 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). Putman 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 - 2 -