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56 F. App'x 207

McMillon v. Hagan

U.S. Courts of Appeals

Decided February 28, 2003

U.S. Courts of Appeals · decided 2003-02-28

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 2003

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

Good law ✅— No negative treatment on recordhow we know

Affirmed by unpublished PER CURIAM opinion · Decided 2003-02-28

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PER CURIAM.

¶1 Charles Oscar McMillon appeals the district court’s order dismissing 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) (2000). The magistrate judge recommended that relief be denied and advised McMillon 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, McMillon failed to file timely 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 that failure to object will waive appellate review. See 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). McMillon has waived appellate review by failing to file timely 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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