UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1250
LESLIE YUENGAL,
Plaintiff – Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant – Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
Chief District Judge. (4:10-cv-00042-FL)
Submitted: July 28, 2011 Decided: August 1, 2011
Before SHEDD, AGEE, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Leslie Yuengal, Appellant Pro Se. Eskunder Boyd, SOCIAL
SECURITY ADMINISTRATION, Baltimore, Maryland; Rudolph A. Renfer,
Jr., Assistant United States Attorney, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Leslie Yuengal appeals the district court’s order
upholding the Commissioner of Social Security’s denial of
benefits under the Social Security Act. The district court
referred this case to a magistrate judge pursuant to 28 U.S.C.A.
§ 636(b)(1)(B) (West 2006 & Supp. 2011). The magistrate judge
recommended upholding the Commissioner’s decision and advised
Yuengal 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).
Yuengal has waived appellate review by failing to file
objections after receiving proper notice. Accordingly, we deny
Yuengal’s motion for appointment of counsel and affirm the
district court’s judgment.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before the court and argument would not aid the decisional
process.
AFFIRMED
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