Watson v. Commissioner of Social Security , 108 F. App'x 88 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2516
BEULAH R. WATSON,
Plaintiff - Appellant,
versus
COMMISSIONER OF SOCIAL SECURITY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (CA-03-340)
Submitted: July 21, 2004 Decided: August 24, 2004
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Beulah R. Watson, Appellant Pro Se. Mary Hannah Lauck, OFFICE OF
THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Beulah R. Watson seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation and
dismissing her 42 U.S.C. § 405(g) complaint for lack of subject
matter jurisdiction based on Watson’s failure to exhaust her
administrative remedies. In his report and recommendation, the
magistrate judge advised Watson that failure to file timely
objections to the recommendation would waive appellate review of a
district court order based upon the recommendation. Despite this
warning, Watson 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 that failure to object will waive appellate review.
Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); Thomas v.
Arn, 474 U.S. 140 (1985). Watson has waived appellate review by
failing to file objections after receiving proper notice.
Accordingly, we dismiss the appeal.
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.
DISMISSED
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