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

Watson v. Commissioner of Social Security

Watson v. Commissioner of Social Security
U.S. Court of Appeals for the Fourth Circuit · Decided August 24, 2004 · Niemeyer, Motz, Gregory
108 F. App'x 88

Watson v. Commissioner of Social Security

Opinion

PER CURIAM:

Beulah R. Watson seeks to appeal the district court’s order adopting the magis *89 trate judge’s report and recommendation and dismissing her 42 U.S.C. § 405(g) complaint for lack of subject matter jurisdiction based on Watson’s failure to exhaust her administrative remedies. In his report and recommendation, the magistrate judge advised Watson that failure to file timely objections to the recommendation would waive appellate review of a district court order based upon the recommendation. Despite this warning, Watson 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. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); Thomas v. Am, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Watson has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we dismiss the appeal.

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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