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

Tisdale v. Administrator of Loris Community Hospital

Tisdale v. Administrator of Loris Community Hospital
U.S. Court of Appeals for the Fourth Circuit · Decided September 7, 2006 · Michael, Motz, Gregory
199 F. App'x 257

Tisdale v. Administrator of Loris Community Hospital

Opinion

PER CURIAM:

Clayton Howard Tisdale appeals the district court’s order dismissing without prejudice 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 Tisdale 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, Tisdale 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 of the consequences of noncompliance. 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). Tisdale has waived appellate review by failing to timely file specific 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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