Christopher Gary v. John Carmichael, (4th Cir. 2011)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7268

CHRISTOPHER S. GARY,

Plaintiff - Appellant,

v.

JOHN CARMICHAEL, SCDC,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Greenville. Margaret B. Seymour, District

Judge. (6:11-cv-01645-MBS)

Submitted: November 17, 2011 Decided: November 23, 2011

Before KING, DAVIS, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Christopher S. Gary, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Christopher S. Gary appeals the district court's order denying relief on his 42U.S.C. § 1983 (2006) complaint. The district court referred this case to a magistrate judge pursuant to 28U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2011). The magistrate judge recommended that relief be denied and advised Gary that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation.

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 (1985). Gary has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we affirm the judgment of the district court.

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.

AFFIRMED