Esau Jenkins v. P. A. Eneje

Filing 920091222

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7765

ESAU JENKINS, a/k/a Esau Jenkins, Jr., Plaintiff ­ Appellant, v. P. A. ENEJE; P. A. DECKER; M. RIVERA, Warden, FCI Estill, Defendants ­ Appellees.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Patrick Michael Duffy, District Judge. (8:09-cv-02075-PMD)

Submitted:

December 15, 2009

Decided:

December 22, 2009

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Esau Jenkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Esau Jenkins appeals the district court's order

denying relief on his civil action. this case to a magistrate judge

The district court referred pursuant to 28 U.S.C.

§ 636(b)(1)(B) (2006).

The magistrate judge recommended that

relief be denied and advised Jenkins 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, Jenkins 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 v. warned of the 766 consequences F.2d 841, of

noncompliance.

Wright

Collins,

845-46

(4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Jenkins 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