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689 F. App'x 768

Michael Reeves v. Hampton Forest Apts

U.S. Courts of Appeals

Decided May 25, 2017

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U.S. Courts of Appeals · decided 2017-05-25

Applies 42 U.S.C. § 12181 (§ 301 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 3601 (§ 801 of the Fair Housing Act (Title VIII, Civil Rights Act of 1968))

Relies on Thomas v. Arn · Wright v. Collins

Decided 2017-05-25

¶1 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶2 Michael Ladale Reeves appeals the district court’s order accepting the magistrate judge’s recommendation to grant Defendants summary judgment on Reeves’ civil claims against Defendants, including his claims brought pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181 to 12189 (2012), and the Fair Housing Act, 42 U.S.C. §§ 3601 to 3619 (2012), and declining to exercise supplemental jurisdiction over Reeves’ state law claims. We affirm as modified.

¶3 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). Moreover, we limit our review to the issues raised in the Appellant’s informal brief. See 4th Cir. R. 34(b). Reeves waived appellate review of the district court’s dis-positive holdings by failing to file specific objections to the magistrate judge’s recommendation after receiving proper notice, and by failing to challenge the district court’s dispositive rationale in his informal brief.

¶4 Accordingly, although we affirm the district court’s judgment, we modify the judgment to reflect that Reeves’ state law claims are dismissed without prejudice. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

¶5 AFFIRMED AS MODIFIED

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