UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6136
SAMUEL C. DAVIS,
Plaintiff - Appellant,
versus
LEON C. BANKS, Attorney,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. David C. Norton, District Judge.
(CA-03-3376-8-18BI)
Submitted: June 24, 2004 Decided: June 30, 2004
Before WILKINSON, NIEMEYER, 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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 without prejudice 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
file timely 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.
Davis’ motion for appointment of counsel is denied. 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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