U.S. Court of Appeals for the Fourth Circuit, 2009

Valentine v. Brewster

Valentine v. Brewster
U.S. Court of Appeals for the Fourth Circuit · Decided January 23, 2009 · Motz, Shedd, Hamilton
308 F. App'x 697

Valentine v. Brewster

Opinion

PER CURIAM:

Randy L. Valentine 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 Valentine that failure to file timely objections to this recommendation could waive appellate review of a district *698 court order based upon the 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). Valentine 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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