Greene v. Greenville County Detention Center Medical Department , 123 F. App'x 106 ( 2005 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-7898
    THOMAS EARL GREENE,
    Plaintiff - Appellant,
    versus
    GREENVILLE COUNTY     DETENTION   CENTER   MEDICAL
    DEPARTMENT,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.   Joseph F. Anderson, Jr., Chief
    District Judge. (CA-04-22330-6-13AK)
    Submitted:   February 24, 2005                 Decided:   March 9, 2005
    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Thomas Earl Greene, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Thomas Earl Greene appeals the district court’s order
    accepting and adopting the recommendation of the magistrate judge
    and dismissing without prejudice his 
    42 U.S.C. § 1983
     (2000)
    complaint for failure to state a claim and failure to exhaust
    administrative remedies.       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
    Greene that failure to timely file specific, written objections to
    this recommendation could waive appellate review of a district
    court order based upon the recommendation.           Despite this warning,
    Greene failed to file specific objections to the magistrate judge’s
    recommendation.        Greene’s filed objections were entirely general
    and conclusory.
    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.                 See
    Wright v. Collins, 
    766 F.2d 841
    , 845-46 (4th Cir. 1985); see also
    Thomas v. Arn, 
    474 U.S. 140
     (1985).           Greene has waived appellate
    review by failing to file objections with any specificity after
    receiving proper notice.        Accordingly, we affirm the judgment of
    the district court.        We dispense with oral argument because the
    facts   and    legal   contentions   are     adequately   presented   in   the
    - 2 -
    materials   before   the   court   and     argument   would   not   aid   the
    decisional process.
    AFFIRMED
    - 3 -
    

Document Info

Docket Number: 04-7898

Citation Numbers: 123 F. App'x 106

Judges: King, Niemeyer, Per Curiam, Williams

Filed Date: 3/9/2005

Precedential Status: Non-Precedential

Modified Date: 8/7/2023