UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6700
ANTHONY AUGUSTUS THOMAS,
Plaintiff - Appellant,
versus
COUNTY OF DARLINGTON; GLEN CAMPBELL; ROBERT
KILGO,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. G. Ross Anderson, Jr., District
Judge. (CA-05-741-4)
Submitted: November 2, 2005 Decided: April 11, 2006
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Augustus Thomas, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Augustus Thomas 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 Thomas 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, Thomas failed to file specific objections to
the magistrate judge’s recommendation, asserting only minor,
legally irrelevant factual challenges to the magistrate judge’s
report.
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). Thomas has waived appellate
review by failing to file specific objections after receiving
proper notice. Accordingly, we affirm the judgment of the district
court. Further, we deny Thomas’ motion for leave to amend his
complaint, inter alia, by adding another defendant.
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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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