Gregory Alonza Wright v. Leon Wright Jonathan Bryan Joseph Givens

59 F.3d 169, 1995 U.S. App. LEXIS 23121, 1995 WL 371048

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 20, 1995
• Docket: 95-1025
• Status: Published

Opinion

59 F.3d 169
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Gregory Alonza WRIGHT, Plaintiff--Appellant,
v.
Leon WRIGHT; Jonathan Bryan; Joseph Givens, Defendants--Appellees.

No. 95-1025.

United States Court of Appeals, Fourth Circuit.

Submitted May 18, 1995.
Decided June 20, 1995.

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Appellant appeals the district court's order dismissing his civil complaint and imposing a pre-filing injunction. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C.A. Sec. 636(b)(1)(B) (West 1993). 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. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir.1985). See generally 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