Ray Blanchard v. United States

U.S. Court of Appeals for the Fourth Circuit
Ray Blanchard v. United States, 622 F. App'x 287 (4th Cir. 2015)

Ray Blanchard v. United States

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ray A. Blanchard seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2671 (2012) complaint under 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b) (2012). The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Blanchard 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). Blanchard has waived appellate review by failing to timely file objections after receiv *288 ing 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 this court and argument would not aid the decisional process.

AFFIRMED.

Reference

Full Case Name
Ray A. BLANCHARD, Plaintiff-Appellant, v. UNITED STATES of America, Plaintiff-Appellee
Cited By
2 cases
Status
Unpublished