Waugh v. United States ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2264
GARY RICHARD WAUGH,
Plaintiff - Appellant,
versus
UNITED STATES OF AMERICA,
Defendant - Appellee,
and
FEDERAL BUREAU OF PRISONS,
Defendant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CA-02-332)
Submitted: February 19, 2004 Decided: February 24, 2004
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gary Richard Waugh, Appellant Pro Se. Sandra Henson Kinney, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gary R. Waugh appeals the district court’s order
dismissing his complaint made under the Federal Torts Claim Act.
See 28 U.S.C. §§ 2671-2680. 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
Waugh 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, Waugh 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. See
Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also,
Thomas v. Arn, 474 U.S. 140 (1985). Waugh has waived appellate
review by failing to file objections 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 materials before
the court and argument would not aid the decisional process.
AFFIRMED
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