Ellis v. Comm'r of Soc. Sec.

Full title: ERICA LASHETTE ELLIS, Plaintiff - Appellant, v. COMMISSIONER OF SOCIAL…

Court: United States Court of Appeals, Fourth Circuit

Date published: Jun 30, 2022

No. 22-1235 (4th Cir. Jun. 30, 2022)

Opinion

22-1235

06-30-2022

ERICA LASHETTE ELLIS, Plaintiff - Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

Erica Lashette Ellis, Appellant Pro Se. Garry Daniel Hartlieb, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

PER CURIAM

UNPUBLISHED

Submitted: June 28, 2022

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Roderick Charles Young, District Judge. (2:20-cv-00514-RCY-LRL)

Erica Lashette Ellis, Appellant Pro Se.

Garry Daniel Hartlieb, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Before NIEMEYER and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Erica Lashette Ellis appeals the district court's order upholding the Administrative Law Judge's (ALJ) denial of Ellis' application for disability insurance benefits and supplemental security income. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended upholding the ALJ's denial of benefits and advised Ellis 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. Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Ellis has waived appellate review by failing to file objections to the magistrate judge's recommendation 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 this court and argument would not aid the decisional process.

AFFIRMED.