UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7262
FRED FLORES, JR.,
Plaintiff - Appellant,
v.
ROBERT M. STEVENSON, III, Warden; SHARONDA SUTTON, Major;
JOHN BARKLEY, Associate Warden Programs; VALERIE WHITAKER,
Classification Case Worker; PERCY JONES, Administrative
Captain,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Timothy M. Cain, District Judge.
(2:11-cv-01278-TMC)
Submitted: December 20, 2012 Decided: December 26, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Fred Flores, Jr., Appellant Pro Se. Nikole H. Boland, Roy F.
Laney, Damon C. Wlodarczyk, RILEY, POPE & LANEY, LLC, Columbia,
South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Fred Flores, Jr., 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
Flores 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). Flores
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
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