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396 F. App'x 939

Boyd v. Wagoner

U.S. Courts of Appeals

Decided September 30, 2010

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U.S. Courts of Appeals · decided 2010-09-30

Applies 28 U.S.C. § 636

Relies on Thomas v. Arn · Wright v. Collins

Decided 2010-09-30

¶1 Affirmed by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

*940 PER CURIAM:

¶3 Alison Levon Boyd appeals the district court’s order adopting the magistrate judge’s report and recommendation and dismissing his complaint as frivolous. 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 Boyd 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, Boyd failed to timely object to the magistrate judge’s recommendation.

¶4 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). Boyd waived appellate review by failing to timely file specific objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. We also deny Boyd’s motions for appointment of counsel and return of property. 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.

¶5 AFFIRMED.

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