UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2084
JAMES PAUL MAYER,
Plaintiff - Appellant,
v.
WILLIAM A. BRANDSTETTER, II; MARIAN M. HOLLERAN; JOHN
HOLLERAN; RICHARD GEORGE MAYER; EILEEN WAGNER; CAROL
SCHARER; DONALD SCHARER; LAURA DALY; GAIL ROBERTSON; JESSICA
HUTCHISON; LAWRENCE J. O'TOOLE, Judge; ANGELEA ALLEN MITAS;
MARK G. WEITZMAN; OFFICE OF THE DISTRICT ATTORNEY; REGIS J.
SCHNIPPERT,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (7:09-cv-00123-BO)
Submitted: November 19, 2009 Decided: December 1, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Paul Mayer, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Paul Mayer appeals the district court’s order
denying relief on his civil 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
relief be denied and advised Mayer that failure to file timely
and specific objections to this recommendation could waive
appellate review of a district court order based upon the
recommendation. Despite this warning, Mayer 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). Mayer
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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