William Pizarro v. McDonald's Restaurant , 491 F. App'x 426 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1869
WILLIAM N. PIZARRO,
Plaintiff - Appellant,
v.
MCDONALD'S RESTAURANT; JOSELIN CABRERA; JOHN DOE; JANE DOE;
BETOR FOODS INC.; GALLAGHER BASSET SERVICES INC.; SPARTA
INSURANCE; MCDONALD'S CORPORATION,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. J. Michelle Childs, District
Judge. (6:12-cv-01440-JMC)
Submitted: December 20, 2012 Decided: December 26, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
William N. Pizarro, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William N. Pizarro appeals the district court’s order
transferring his civil action to the United States District
Court for the District of Massachusetts. The district court
referred this case to a magistrate judge pursuant to 28 U.S.C.A.
§ 636(b)(1)(B) (West 2006 & Supp. 2012). The magistrate judge
recommended that relief be denied and advised Pizarro 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).
Pizarro 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 this court and argument would not aid the decisional
process.
AFFIRMED
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