UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2084

JAMES PAUL MAYER,

Plaintiff - Appellant,

v.

WILLIAM A. BRANDSTETTER, II; MARIAN M. HOLLERAN; JOHN HOLLERAN; RICHARD GEORGE MAYER; EILEEN WAGNER; CAROL SCHARER; DONALD SCHARER; LAURA DALY; GAIL ROBERTSON; JESSICA HUTCHISON; LAWRENCE J. O'TOOLE, Judge; ANGELEA ALLEN MITAS; MARK G. WEITZMAN; OFFICE OF THE DISTRICT ATTORNEY; REGIS J. SCHNIPPERT,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (7:09-cv-00123-BO)

Submitted: November 19, 2009 Decided: December 1, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Paul Mayer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

James Paul Mayer appeals the district court’s order

denying relief on his civil complaint. The district court

referred this case to a magistrate judge pursuant to

(b)(1)(B) (2006). The magistrate judge recommended that

relief be denied and advised Mayer that failure to file timely

and specific objections to this recommendation could waive

appellate review of a district court order based upon the

recommendation. Despite this warning, Mayer 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,

(4th

Cir. 1985); see also Thomas v. Arn,

(1985). Mayer

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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