Public-domain · open source
OpenJurist

307 F. App'x 751

Kelley v. Powers

U.S. Courts of Appeals

Decided January 20, 2009

This page is marked noindex.

U.S. Courts of Appeals · decided 2009-01-20

Applies 28 U.S.C. § 636 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Thomas v. Arn · Wright v. Collins

Affirmed by unpublished PER CURIAM opinion · Decided 2009-01-20

PER CURIAM:

¶1 Roger Kelley 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. § 636(b)(1)(B) (2006). The magistrate judge recommended that relief be denied and advised Kelley that failure to file timely, specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Kelley failed to file specific objections to the magistrate judge’s recommendation; he only restated the claims raised in his complaint.

¶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 that the failure to object will waive appellate review. See 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). Kelley has waived appellate review by failing to 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 *752 the court and argument would not aid the decisional process.

¶4 AFFIRMED.

/307/fappx/751 · .json · Public domain