U.S. Court of Appeals for the Fourth Circuit, 2002

Bareford v. Oxford House World Services

Bareford v. Oxford House World Services
U.S. Court of Appeals for the Fourth Circuit · Decided July 23, 2002 · Widener, Luttig, Gregory
40 F. App'x 869

Bareford v. Oxford House World Services

Opinion

PER CURIAM.

Allen C. Bareford, III, appeals the district court’s order dismissing his complaint. Appellant’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 Appellant 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, Appellant 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 also Thomas v. Arn, 474 U.S. 140,106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Appellant 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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