UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7167
MICHAEL MCKNIGHT, a/k/a Michael Tyrell McKnight,
Plaintiff - Appellant,
v.
JON OZMINT, Director SCDC; GREGORY KNOWLIN, Warden; LINDA
BRADSHAW, Assoc Warden; D. JONES, Sgt,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Margaret B. Seymour, District
Judge. (8:09-cv-03015-MBS)
Submitted: October 19, 2010 Decided: October 28, 2010
Before DUNCAN, KEENAN, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael McKnight, Appellant Pro Se. John Betts McCutcheon, Jr.,
Lisa Arlene Thomas, THOMPSON & HENRY, P.A., Conway, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael McKnight appeals the district court’s order
accepting the recommendation of the magistrate judge and
granting defendants’ motion for summary judgment. The district
court referred this case to a magistrate judge pursuant to 28
U.S.C.A. § 636(b)(1) (West 2006 & Supp. 2010). The magistrate
judge recommended that summary judgment be granted to Defendants
and advised McKnight that failure to file timely and specific
objections to this recommendation could waive appellate review
of a district court order based upon the 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).
McKnight has waived appellate review by failing to 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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