UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7235

TIMOTHY TODD HAYES,

Plaintiff - Appellant,

versus

W. T. JOHNSON; GRADY MULLINS; M. C. AMMONS,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Margaret B. Seymour, District Judge. (CA-02-2218)

Submitted: January 15, 2004 Decided: January 27, 2004

Before WIDENER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Timothy Todd Hayes, Appellant Pro Se. Edgar Lloyd Willcox, III, WILLCOX, BUYCK & WILLIAMS, P.A., Florence, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Timothy Todd Hayes appeals the district court’s order

dismissing his

(2000) complaint. The district

court referred this case to a magistrate judge pursuant to

(b)(1)(B) (2000). The magistrate judge recommended

that relief be denied and advised Hayes 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, Hayes failed to object to the magistrate judge’s

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 that failure to object will waive appellate review. See

Wright v. Collins,

(4th Cir. 1985); see also

Thomas v. Arn,

(1985). Hayes 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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