Gregory Palmore v. WALMART, White Horse Road, Greenville, South Carolina

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7057
GREGORY PALMORE,
Plaintiff - Appellant,
v.
WALMART, White Horse Road, Greenville, South Carolina,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. G. Ross Anderson, Jr., Senior
District Judge. (9:08-cv-02484-GRA)
Submitted: September 10, 2009 Decided: September 16, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gregory Palmore, Appellant Pro Se. Kurt M. Rozelsky, SMITH MOORE
LEATHERWOOD, LLP, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gregory Palmore appeals the district court’s order
denying relief on his complaint. The district court referred
this case to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) (2006). The magistrate judge recommended that
relief be denied and advised Palmore 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, Palmore failed to object specifically to
the magistrate judge’s 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).
Palmore has waived appellate review by failing to timely file
specific 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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