Eric Clay v. Carolyn Colvin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:12-cv-01119-LCB-JEP. Copies to all parties and the district court/agency. [999635615]. Mailed to: Eric Clay. [15-1285]

Appeal: 15-1285

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1285

ERIC L. CLAY,
Plaintiff – Appellant,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant – Appellee,
and
SOCIAL SECURITY ADMINISTRATION,
Party-in-Interest.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
Loretta C. Biggs,
District Judge. (1:12-cv-01119-LCB-JEP)

Submitted:

July 30, 2015

Decided:

August 6, 2015

Before DUNCAN, AGEE, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eric L. Clay, Appellant Pro Se. Lisa G. Smoller, Special
Assistant United States Attorney, Boston, Massachusetts, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Eric L. Clay appeals the district court’s order adopting
the

recommendation

of

Commissioner’s

motion

upholding

the

decision

the

application

for

magistrate

for

judgment

of

disability

the

judge,

on

Commissioner

insurance

the

pleadings,

the

granting

and

to

benefits.

deny
The

Clay’s
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 Clay that failure to file
timely, specific 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,

see

766

F.2d

841,

845-46

(4th

Thomas v. Arn, 474 U.S. 140 (1985).

Cir.

1985);

also

Clay has waived appellate

review by failing to file specific objections after receiving
proper

notice.

Accordingly,

we

district court.

2

affirm

the

judgment

of

the

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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

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