Wallace v. Colleton Cnty Sher
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
MICHAEL D. WALLACE, Plaintiff - Appellant, versus COLLETON COUNTY SHERIFF'S HEALTH PARTNERS, OFFICE; SOUTHERN Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry M. Herlong, Jr., District Judge. (3:05-cv-01458-HMH)
Submitted: September 28, 2006
Decided: October 6, 2006
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael D. Wallace, Appellant Pro Se. Christy Scott Stephens, BOGOSLOW, JONES, STEPHENS & DUFFIE, P.A., Walterboro, South Carolina; Elliott T. Halio, HALIO & HALIO, Charleston, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
PER CURIAM: Michael D. Wallace appeals the district court's order denying relief on his 42 U.S.C. § 1983 (2000) complaint. The
district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended
that relief be denied and advised Wallace that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Wallace failed to object to the magistrate judge's 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 (1985). Wallace has waived appellate review by failing to timely file specific 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.
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