409 F. App'x 665

Adrian Marion SMITH, Plaintiff-Appellant, v. CITY OF AIKEN PUBLIC WORKS; Tim Coaley; Ralph Thomas; Alexander Cullum; Arthur Bryant, Defendants-Appellees.

No. 10-7201.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 18, 2011.

Decided: Jan. 26, 2011.

Adrian Marion Smith, Appellant Pro Se. William Henry Davidson, II, Daniel C. *666Plyler, Davidson & Lindemann, PA, Columbia, South Carolina, for Appellees.

Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Adrian Marion Smith appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. 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 Smith 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Smith has waived appellate review by failing to 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.

Smith v. City of Aiken Public Works
409 F. App'x 665

Case Details

Name
Smith v. City of Aiken Public Works
Decision Date
Jan 26, 2011
Citations

409 F. App'x 665

Jurisdiction
United States

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