Public-domain · open source
OpenJurist

302 F. App'x 217

Washington v. Burns

U.S. Courts of Appeals

Decided November 25, 2008

This page is marked noindex.

U.S. Courts of Appeals · decided 2008-11-25

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Thomas v. Arn · Wright v. Collins · United States v. Midgette

Decided 2008-11-25

PER CURIAM:

¶1 David J. Washington appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. *218 § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Washington 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, Washington failed to file specific objections 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. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Washington has waived appellate review by failing to timely file specific objections after receiving proper notice. See United States v. Midgette, 478 F.3d 616, 622 (4th Cir.2007). Accordingly, we affirm the judgment of the district court. We deny Washington’s motion for recusal, finding it meritless.

¶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.

/302/fappx/217 · .json · Public domain