Michael Leonard Poore v. DEPARTMENT OF VETERANS AFFAIRS, The VA

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6430
MICHAEL LEONARD POORE,
Plaintiff – Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS, The VA; PATRICIA O. PITTMAN,
Director of Dorn, VA Facility,
Defendants – Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Richard Mark Gergel, District
Judge. (6:11-cv-00222-RMG)
Submitted: June 16, 2011 Decided: June 21, 2011
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Michael Leonard Poore, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Michael Leonard Poore appeals the district court’s
order dismissing his civil complaint against Defendants. 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
magistrate judge recommended that the complaint be dismissed and
advised Poore that failure to file timely objections to this
recommendation would 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). Poore
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

-- 2 of 2 --