Grimes v. Barnhart , 211 F. App'x 202 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1919
GEORGIA GRIMES,
Plaintiff - Appellant,
versus
JO ANNE B. BARNHART, Commissioner of Social
Security; ROBERT J. PHARES; RALPH P. DOBBS;
YVETTE RAINEE; CYNTHIA MOORE, Guard; EMPLOYEES
OF HEARING AND APPEALS IN RALEIGH,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Malcolm J. Howard,
Senior District Judge. (4:05-cv-00160-H)
Submitted: December 21, 2006 Decided: December 28, 2006
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Georgia Grimes, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Georgia Grimes appeals the district court’s order
dismissing her civil complaint as frivolous and for failure to
state a claim upon which relief may be granted. 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 the
complaint be dismissed and advised Grimes 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, Grimes 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 (1985). Grimes has waived appellate review by failing to
timely file specific 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
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