U.S. Court of Appeals for the Fourth Circuit, 2011

Singh v. Hass

Singh v. Hass
U.S. Court of Appeals for the Fourth Circuit · Decided May 5, 2011 · Motz, Keenan, Wynn
428 F. App'x 230

Singh v. Hass

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Gary Hass appeals the district court’s order accepting the recommendation of the magistrate judge and denying his motion to dismiss the Appellee’s 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 the district court subsequently adopted that recommendation. However, the timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Wells v. Shriners Hosp., 109 F.3d 198, 200 (4th Cir. 1997) (forfeiture rule enforced where report fails to inform party of consequences of failure to object if party is represented by counsel). Hass has waived appellate review by failing to file objections to the magistrate judge’s report. Accordingly, we affirm the district court’s order. We dispense with oral argument because the facts and legal contentions are *231 adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

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