Anthony Parker v. Schaeffler Group USA

U.S. Court of Appeals for the Fourth Circuit
Anthony Parker v. Schaeffler Group USA, 677 F. App'x 103 (4th Cir. 2017)
Duncan, Gregory, Hamilton, Per Curiam

Anthony Parker v. Schaeffler Group USA

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Parker appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing his complaint. 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 the complaint be dismissed and advised Parker 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, 846-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Parker has waived appellate review by failing to file timely 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 this court and argument would not aid the decisional process.

AFFIRMED

Reference

Full Case Name
Anthony PARKER, Plaintiff-Appellant, v. SCHAEFFLER GROUP USA, Defendant-Appellee
Status
Unpublished