UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2076
TYVETTE MCBRIDE,
Plaintiff - Appellant,
v.
SOCIAL SECURITY,
Defendant - Appellee,
and
SSA (Social Security Administration),
Party-in Interest.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Mark S. Davis, District
Judge. (2:10-cv-00440-MSD-TEM)
Submitted: February 23, 2012 Decided: February 27, 2012
Before MOTZ, DAVIS, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tyvette McBride, Appellant Pro Se. Susan Lynn Watt, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tyvette McBride appeals the district court’s order
dismissing under Fed. R. Civ. P. 41(b) her complaint seeking
judicial review of the Commissioner’s denial of her claims for
disability insurance benefits and supplemental security income.
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
for failure to prosecute under Rule 41(b) and advised McBride
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).
McBride 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
2
adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
3