Ray A. Blanchard v. United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7248
RAY A. BLANCHARD,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA,
Plaintiff - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. John Preston Bailey,
District Judge. (2:14-cv-00058-JPB-JES)
Submitted: November 17, 2015 Decided: November 20, 2015
Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ray A. Blanchard, Appellant Pro Se. Erin K. Reisenweber,
Assistant United States Attorney, Martinsburg, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ray A. Blanchard seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and
dismissing his 28 U.S.C. § 2671 (2012) complaint under 28 U.S.C.
§§ 1915(e)(2)(B), 1915A(b) (2012). The district court referred
this case to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) (2012). The magistrate judge recommended that
relief be denied and advised Blanchard that failure to file
timely 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). Blanchard has waived
appellate review by failing to timely 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
this court and argument would not aid the decisional process.
AFFIRMED

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