UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8462
GEORGE THOMAS MILTON, JR.,
Plaintiff - Appellant,
v.
OFFICER WILSON; CAPTAIN A. THOMAS; LIEUTENANT RICHSON;
MARGARET BELL, Associate Warden; OFFICER GOODEN,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Henry M. Herlong, Jr., District
Judge. (2:07-cv-03921-HMH)
Submitted: March 12, 2009 Decided: March 18, 2009
Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
George Thomas Milton, Jr., Appellant Pro Se. Walker Heinitsh
Willcox, WILLCOX, BUYCK & WILLIAMS, PA, Florence, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
George Thomas Milton, Jr., seeks to appeal 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) (2006).
The magistrate judge recommended that summary judgment be
granted for the Defendants and advised Milton that failure to
file specific and timely objections to this recommendation could
waive appellate review of a district court order based upon the
recommendation. Despite this warning, Milton failed to file
specific objections 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). Milton
has waived appellate review by failing to file specific
objections after receiving proper notice. Accordingly, we
dismiss the appeal.
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.
DISMISSED
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