UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7041
HALEY J. THOMAS,
Plaintiff - Appellant,
v.
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; DIRECTOR JON
OZMINT; DR. JOHN SOLOMON, Director of Health Services; DR.
MICHAEL BEINOR, Director Med; WILLIE EAGLETON, Warden ECI;
RN AMY SMITH, HCA; LPN CHARLENE GASKINS; LPN SHELLY STOKES;
LPN CARRIE RHYAN,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Cameron McGowan Currie, District
Judge. (2:10-cv-00467-CMC)
Submitted: February 28, 2011 Decided: March 8, 2011
Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Haley J. Thomas, Appellant Pro Se. Samuel F. Arthur, III,
AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Haley J. Thomas appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2006) complaint. The
district court referred this case to a magistrate judge pursuant
to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2010). 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.
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). Thomas
has waived appellate review by failing to file 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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