Ashley W. Carter v. Rodney K. Pritchard

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6317
ASHLEY W. CARTER,
Plaintiff - Appellant,
versus
RODNEY K. PRITCHARD; MARK C. MOORE; TODD L.
LEE; DAVID PLOWDEN; RALPH Q. NEWMAN,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CA-01-4395-6)
Submitted: April 25, 2002 Decided: May 8, 2002
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ashley W. Carter, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Ashley W. Carter appeals the district court’s order dismissing
his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. Carter’s case
was referred to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) (1994). The magistrate judge recommended that relief
be denied and advised Carter 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,
Carter 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. See Wright v.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v.
Arn, 474 U.S. 140 (1985). Carter 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

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