Carolyn Harrison v. Commissioner, Social Security , 589 F. App'x 73 ( 2014 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-1976
    CAROLYN J. HARRISON,
    Plaintiff - Appellant,
    v.
    COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.   Mary G. Lewis, District Judge.
    (6:13-cv-01453-MGL)
    Submitted:   December 18, 2014            Decided:   December 22, 2014
    Before SHEDD, WYNN, and THACKER, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Carolyn J. Harrison, Appellant Pro Se.     Marshall Prince, II,
    Assistant United States Attorney, Columbia, South Carolina, for
    Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Carolyn    Harrison    appeals       the      district     court’s      order
    upholding     the   Commissioner’s         denial      of   Harrison’s      application
    for disability benefits.            The district court referred this case
    to    a   magistrate     judge    pursuant       to    
    28 U.S.C. § 636
    (b)(1)(B)
    (2012).      The magistrate judge recommended affirming the agency’s
    denial of benefits and advised Harrison that failure to file
    timely objections to this recommendation would waive appellate
    review of a district court order based upon the recommendation.
    Despite      this   warning,       Harrison        failed      to     object     to      the
    magistrate judge’s 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
    , 155 (1985).
    Harrison      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
    2
    before   this   court   and   argument   would   not   aid   the   decisional
    process.
    AFFIRMED
    3
    

Document Info

Docket Number: 14-1976

Citation Numbers: 589 F. App'x 73

Judges: Shedd, Wynn, Thacker

Filed Date: 12/22/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024