Ralph Johnson v. Larry Powers

Filing 920090527

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8574 RALPH ANTHONY JOHNSON, Plaintiff - Appellant, v. LARRY W. POWERS, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Patrick Michael Duffy, District Judge. (3:08-cv-03627-PMD) Submitted: May 21, 2009 Decided: May 27, 2009 Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Ralph Anthony Johnson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ralph Anthony Johnson 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. 636(b)(1)(B) (2006). The magistrate judge recommended that relief be denied and advised Johnson 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, Johnson failed to object to the magistrate judge's recommendation. The magistrate timely filing of specific is objections to to a judge's recommendation necessary preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Cir. 1985); see Wright v. Collins, 766 F.2d 841, 845-46 (4th also Thomas v. Arn, 474 U.S. 140 (1985). Johnson has waived appellate review by failing to timely file specific objections after receiving proper notice. we affirm the judgment of the district court. We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional Accordingly, would process. AFFIRMED 2

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