Bareford v. Oxford House World Services , 40 F. App'x 869 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1463
ALLEN C. BAREFORD, III,
Plaintiff - Appellant,
versus
OXFORD HOUSE WORLD SERVICES; W. T. MCCAULEY;
OXFORD HOUSE CHAPTER PRESIDENT,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CA-02-611-2-18)
Submitted: July 18, 2002 Decided: July 23, 2002
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Allen C. Bareford, III, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Allen C. Bareford, III, appeals the district court’s order
dismissing his complaint. Appellant’s case was referred to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The
magistrate judge recommended that relief be denied and advised
Appellant 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,
Appellant failed to object to the magistrate judge’s
recommendation.
The timely filing of 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). Appellant 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
2