UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1778
SAKIMA IBAN SALIH EL BEY, a/k/a Francis Marion Savall,
a/k/a Iban Salih El Bey Sakim,
Plaintiff - Appellant,
v.
LIEUTENANT DAVIS; JOE SHAW, Mayor, City of Lancaster;
HARLEAN HOWARD, Chief of Police, Lancaster Police
Department; NIKKI HALEY, Governor, State of SC; OFFICER
FIREBAUGH,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Solomon Blatt, Jr., Senior
District Judge. (0:11-cv-01026-SB)
Submitted: October 13, 2011 Decided: October 17, 2011
Before SHEDD, AGEE, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sakima Iban Salih El Bey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sakima Iban Salih El Bey appeals the district court’s
order dismissing his 42 U.S.C. § 1983 (2006) complaint without
prejudice. 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 that the
complaint be dismissed and advised El Bey that failure to timely
file 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). El Bey
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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