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

Milton v. Officer Wilson

Milton v. Officer Wilson
U.S. Court of Appeals for the Fourth Circuit · Decided March 18, 2009 · Motz, Shedd, Hamilton
318 F. App'x 190

Milton v. Officer Wilson

Opinion

PER CURIAM:

George Thomas Milton, Jr., seeks to appeal 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) (2006). The magistrate judge recommended that summary judgment be granted for the Defendants and advised Milton that failure to file specific and timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Milton 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. 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). Milton has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we dismiss the appeal.

We dispense with oral argument because the facts and legal contentions áre adequately presented in the materials before *191 the court and argument would not aid the decisional process.

DISMISSED.

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