Public-domain · open source
OpenJurist

430 F. App'x 244

Waiters v. Dr. Cross

U.S. Courts of Appeals

Decided May 24, 2011

This page is marked noindex.

U.S. Courts of Appeals · decided 2011-05-24

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Affirmed by unpublished PER CURIAM opinion · Decided 2011-05-24

PER CURIAM:

¶1 Gary Waiters appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp.2010). The magistrate judge recommended that relief be denied and advised Waiters that failure to timely file specific objections to this recommendation could waive appellate *245 review of a district court order based upon the 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). Waiters 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.

/430/fappx/244 · .json · Public domain