U.S. Court of Appeals for the Fourth Circuit, 2004

Sherman v. Palmetto Manufacturing Co.

Sherman v. Palmetto Manufacturing Co.
U.S. Court of Appeals for the Fourth Circuit · Decided June 24, 2004 · Niemeyer, Williams, Duncan
101 F. App'x 404

Sherman v. Palmetto Manufacturing Co.

Opinion

PER CURIAM:

Curlee Sherman seeks to appeal the district court’s orders dismissing his employment discrimination complaints. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Sherman that failure to file timely objections to the recommendation in each case could waive appellate review of a district court order based upon the *405 recommendations. Despite this warning, Sherman failed to object to the magistrate judge’s recommendations.

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, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Am, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Sherman has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeals.

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.

DISMISSED

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