U.S. Court of Appeals for the Fourth Circuit, 2010

Sadler v. Commissioner of Social Security

Sadler v. Commissioner of Social Security
U.S. Court of Appeals for the Fourth Circuit · Decided August 31, 2010 · King, Duncan, Hamilton
393 F. App'x 121

Sadler v. Commissioner of Social Security

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dale L. Sadler appeals the district court’s order denying relief on his complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2010). The magistrate judge recommended that relief be denied and advised Sadler that failure to file timely objections to this recommendation could waive appellate review of a district 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). Sadler has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we affirm the judgment of the district court and deny Sadler’s motion to appoint counsel.

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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