Gaddy v. South Carolina Department of Corrections Office of General Counsel

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6383 CALVIN LYNDALE GADDY, a/k/a Calvin L. Gaddy, Plaintiff - Appellant, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS OFFICE OF GENERAL COUNSEL; WARDEN JOSEPH MCFADDEN; ASSOCIATE WARDEN BLACKWELL, All of Under Color of State Laws, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. Joseph F. Anderson, Jr., Senior District Judge. (8:15-cv-02772-JFA) Submitted: July 28, 2016 Decided: August 2, 2016 Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Calvin Lyndale Gaddy, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Calvin Lyndale Gaddy appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2012) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Gaddy that failure to file timely, 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). Gaddy 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 this court and argument would not aid the decisional process. AFFIRMED 2