UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7676
ROBERT CECIL BOOKER,
Plaintiff - Appellant,
versus
SERGEANT JARRETT; OTHER UNKNOWN CORRECTIONAL
OFFICERS, at the South Central Regional Jail,
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph Robert Goodwin,
District Judge. (CA-05-2-2)
Submitted: January 19, 2006 Decided: January 26, 2006
Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Cecil Booker, Appellant Pro Se. Chad Marlo Cardinal,
Assistant Attorney General, Charleston, West Virginia, for
Appellees
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Cecil Booker 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 Booker 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, Booker 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). Booker 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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