Brooks v. Richmond City Jail Female Housing Unit Medical Department , 79 F. App'x 612 ( 2003 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-7024
    MARIAN BROOKS,
    Plaintiff - Appellant,
    versus
    RICHMOND CITY JAIL FEMALE HOUSING UNIT MEDICAL
    DEPARTMENT; NURSE FORD,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. Robert E. Payne, District Judge.
    (CA-03-80)
    Submitted:    October 15, 2003               Decided:   November 4, 2003
    Before WIDENER and MOTZ, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Marian Brooks, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Marian Brooks appeals the district court’s order dismissing
    her 
    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 Brooks 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,   Brooks   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 that failure to object will waive appellate review.               See
    Wright v. Collins, 
    766 F.2d 841
    , 845-46 (4th Cir. 1985); see also
    Thomas v. Arn, 
    474 U.S. 140
     (1985).          Brooks 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
    2
    

Document Info

Docket Number: 03-7024

Citation Numbers: 79 F. App'x 612

Judges: Widener, Motz, Hamilton

Filed Date: 11/4/2003

Precedential Status: Non-Precedential

Modified Date: 10/19/2024