Larry Tyler v. Captain Coe , 671 F. App'x 53 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6807
LARRY JAMES TYLER,
Plaintiff - Appellant,
v.
CAPTAIN COE; WAYNE BYRD; DIANN WILKS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Mary G. Lewis, District Judge.
(9:16-cv-00122-MGL)
Submitted: November 22, 2016 Decided: November 28, 2016
Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Larry James Tyler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry James Tyler appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2012) complaint. 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
that Tyler’s action be dismissed because he failed to comply
with the court’s February 24, 2016, order instructing him that
he had 21 days to fill out certain forms and provide information
to the court needed to proceed with his action. The magistrate
judge’s order advised Tyler 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). Tyler has waived appellate review
by failing to file objections after receiving proper notice.
Accordingly, we affirm the judgment of the district court.
We deny Tyler’s motion for appointment of counsel and
dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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