UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6629
CLAYTON HOWARD TISDALE,
Plaintiff - Appellant,
versus
ADMINISTRATOR OF LORIS COMMUNITY HOSPITAL; THE
SOUTH CAROLINA HIGHWAY PATROL; R. DALE
TREVATHAN, Officer,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. G. Ross Anderson, Jr., District
Judge. (9:06-cv-00138-GRA)
Submitted: August 31, 2006 Decided: September 7, 2006
Before MICHAEL, MOTZ, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Clayton Howard Tisdale, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Clayton Howard Tisdale 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 Tisdale 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, Tisdale 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 of the consequences of noncompliance. Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474
U.S. 140 (1985). Tisdale has waived appellate review by failing to
timely file specific 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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