Adrian Smith v. Warden McCall , 442 F. App'x 20 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6443
ADRIAN MARION SMITH,
Plaintiff - Appellant,
v.
WARDEN JOHN MCCALL; CAPTAIN MELVIN BOSEMAN; CAPTAIN TINA
SYPHERTT; DENNIS PATTERSON, Division of Operations; MAJOR
MARSH,
Defendants – Appellees,
and
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; SCDS
CLASSIFICATION BELLINGER,
Defendants.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, District
Judge. (3:09-cv-02786-MBS)
Submitted: July 28, 2011 Decided: August 2, 2011
Before SHEDD, AGEE, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Adrian Marion Smith, Appellant Pro Se. Evan Markus Gessner,
LIDE & PAULEY, LLC, Lexington, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Adrian Marion Smith appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2006) complaint. The
district court referred this case to a magistrate judge pursuant
to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2011). The
magistrate judge recommended that relief be denied and advised
Smith that failure to file timely specific objections to this
recommendation could waive appellate review of a district court
order based upon the 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. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Smith
has waived appellate review by failing to file specific
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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