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240 F. App'x 554

Charles v. Mahon

U.S. Courts of Appeals

Decided June 27, 2007

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U.S. Courts of Appeals · decided 2007-06-27

Applies 28 U.S.C. § 636 · 42 U.S.C. § 1988

Relies on Thomas v. Arn · Wright v. Collins

Affirmed by unpublished PER CURIAM opinion · Decided 2007-06-27

PER CURIAM:

¶1 Atif Charles appeals the district court’s order denying relief on his 42 U.S.C. § 1988 (2000) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Charles that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Charles failed to object to the magistrate judge’s recommendation.

¶2 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. Am, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Charles has waived appellate review by failing to timely file specific objections after receiving proper notice. Accordingly, we affirm the judgment of the district court.

¶3 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.

¶4 AFFIRMED.

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