Staley v. Simpson , 272 F. App'x 234 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7512
DANIEL LEVERN STALEY,
Plaintiff - Appellant,
v.
MRS. SIMPSON, ICS Program Manager; K. HILL, Inmate Grievance
Coordinator,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Patrick Michael Duffy, District
Judge. (9:07-cv-02753-PMD)
Submitted: March 27, 2008 Decided: April 2, 2008
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Daniel Levern Staley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel Levern Staley appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2000) complaint. 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 relief be denied and advised Staley that failure to file
timely and specific objections to this recommendation could waive
appellate review of a district court order based upon the
recommendation. Despite this warning, Staley failed to file
specific objections 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). Staley 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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