UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1589
EMANUEL RICHARD HOWARD,
Plaintiff - Appellant,
v.
JERADINE CHILDS, Chief Judge 5th Cir; TIVIS THERLAND, Atty
at Trial; ANNE SPEARS WALSH, 5th Cir Solicitor; WILLIAM
BYARS, JR., Director of SCDC; KELA EVANS THOMAS, Director
Dept PPPS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:11-cv-03418-JFA)
Submitted: November 2, 2012 Decided: November 7, 2012
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Emanuel Richard Howard, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Emanuel Richard Howard appeals the district court’s
order denying relief on his 42 U.S.C. § 1983 (2006) complaint.
The district court referred this case to a magistrate judge
pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2012).
The magistrate judge recommended that relief be denied and
advised Howard 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). Howard
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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