Slaughter v. United States

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1673
JOSE SLAUGHTER,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Irene C. Berger,
District Judge. (5:08-cv-01016)
Submitted: October 19, 2010 Decided: October 25, 2010
Before DUNCAN, KEENAN, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jose Slaughter, Appellant Pro Se. Lara Dee Pyne Crane, BUREAU
OF PRISONS, Beaver, West Virginia, Stephen Michael Horn,
Assistant United States Attorney, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Slaughter appeals the district court’s order
dismissing his civil action, filed pursuant to the Federal Tort
Claims Act. The district court referred this case to a
magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West
2006 & Supp. 2010). The magistrate judge recommended that
relief be denied and advised Slaughter that failure to file
timely, specific 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).
Slaughter 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
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