U.S. Court of Appeals for the Fourth Circuit, 2006

Murray v. Rudloff

Murray v. Rudloff
U.S. Court of Appeals for the Fourth Circuit · Decided March 29, 2006 · Wilkinson, Luttig, Williams
173 F. App'x 238

Murray v. Rudloff

Opinion

PER CURIAM:

Richard Douglas Murray, Sr., appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint. 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 Murray that failure to timely file specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Murray failed to file specific objections 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 specifically object will waive appellate review. See Page v. Lee, 337 F.3d 411, 416 n. 3 (4th Cir. 2003); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). Murray has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we deny Murray’s motion for appointment of counsel and 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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