UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6732
ADRIAN MCCRAY, a/k/a Adrian Miscell McCray,
Plaintiff - Appellant,
v.
WARDEN SCOTT LEWIS; SGT. BUTLER; WARDEN CARTLEDGE;
DIRECTOR BRIAN STERLING,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Florence.
Timothy M. Cain, District Judge. (4:19-cv-00151-TMC)
Submitted: August 25, 2020 Decided: August 28, 2020
Before KING and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Adrian Miscell McCray, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Adrian McCray appeals the district court’s order dismissing his 42 U.S.C. § 1983
complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B). The magistrate judge recommended dismissing the complaint for failure
to prosecute and advised McCray 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. Martin v. Duffy, 858
F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see
also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). McCray has waived appellate review
by failing to file objections to the magistrate judge’s recommendation 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
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