UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6051

CUPID C. SHAW, Plaintiff - Appellant, versus

CHARLESTON COUNTY SOLICITORS OFFICE; CHARLES LUPTON; JIMMIE BLACKBURN; UNKNOWN MAN, in BMW with Lupton & Blackburn, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-97-3350-2-18AJ)

Submitted: September 30, 1998 Decided: October 14, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Cupid C. Shaw, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Cupid C. Shaw appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 1998) complaint. Shaw’s case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended that relief be denied and advised Shaw 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, Shaw failed to object to the magistrate judge’s recommendation.

The timely filing of 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 generally Thomas v. Arn, 474 U.S. 140 (1985). Shaw has waived appellate review by failing to file objections after receiving proper notice. Accord- ingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED