Thomas v. South Carolina Department of Corrections
Opinion
Haley J. Thomas appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) 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 Thomas 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 *463 consequences of noneomplianee. 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). Thomas has waived appellate review by failing to file 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.
Reference
- Full Case Name
- Haley J. THOMAS, Plaintiff-Appellant, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; Director Jon Ozmint; Dr. John Solomon, Director of Health Services; Dr. Michael Beinor, Director Med; Willie Eagleton, Warden ECI; RN Amy Smith, HCA; LPN Charlene Gaskins; LPN Shelly Stokes; LPN Carrie Rhyan, Defendants-Appellees
- Status
- Unpublished