U.S. Court of Appeals for the Fourth Circuit, 2008

Adams v. United States Forest Service

Adams v. United States Forest Service
U.S. Court of Appeals for the Fourth Circuit · Decided May 28, 2008 · Duncan, Hamilton, Motz, Per Curiam
279 F. App'x 224

Adams v. United States Forest Service

Opinion

PER CURIAM:

Ross W. Adams, Sr., appeals the district court’s order denying relief on 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 Adams 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, Adams 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 of the consequences of noncompliance. United States v. Midgette, 478 F.3d 616, 621 (4th Cir. 2007); 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 *225 L.Ed.2d 435 (1985). Adams 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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