Williams v. United States , 313 F. App'x 581 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6350
MARGARET VIOLET JENKINS WILLIAMS,
Petitioner - Appellant,
v.
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:07-cv-00152-JPB-JSK)
Submitted: July 31, 2008 Decided: August 8, 2008
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Margaret Violet Jenkins Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Margaret Violet Jenkins Williams appeals the district
court’s order adopting the magistrate judge’s recommendation and
denying Williams’ petition for a writ of mandamus. 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 Williams 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, Williams failed to file objections 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. Wells v. Shriners
Hosp., 109 F.3d 198, 201 (4th Cir. 1997); see also Thomas v. Arn,
474 U.S. 140 (1985). Williams has waived appellate review by
failing to timely file specific objections after receiving proper
notice. Accordingly, although we grant Williams’ motion to proceed
on appeal in forma pauperis, we affirm the judgment of the district
court.
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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.
AFFIRMED
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