Opinion
No. 10-1766.
Submitted: September 28, 2010.
Decided: October 1, 2010.
Appeal from the United States District Court for the District of South Carolina, at Spartanburg. R. Bryan Harwell, District Judge. (7:10-cv-01427-RBH).
Quintin Littlejohn, Appellant Pro Se.
Before WILKINSON, SHEDD, and DAVIS, Circuit Judges.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Quintin Littlejohn appeals the district court's order adopting the magistrate judge's recommendation to dismiss Littlejohn's civil action without prejudice. In a notice attached to the report and recommendation, the magistrate judge advised Littlejohn that failure to file timely objections to the recommendation could waive appellate review of a district court order based upon the recommendation.
The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 Supp. 2010).
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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Littlejohn 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.