Brown v. Equal Employment Opportunity Commission

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1977 CALVIN EARL BROWN, Plaintiff - Appellant, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Terrence W. Boyle, District Judge. (4:12-cv-00048-BO) Submitted: January 22, 2013 Decided: January 24, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Calvin Earl Brown, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Calvin Earl Brown seeks to appeal the district court’s order denying relief on his civil action. 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 Brown that failure to file timely and specific objections to this recommendation would 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). Brown has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we dismiss the appeal. 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. DISMISSED 2