Sharif Simmons v. Commissioner of Social Security

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1631
SHARIF SIMMONS,
Plaintiff – Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Timothy M. Cain, District Judge.
(0:13-cv-00266-TMC)
Submitted: October 31, 2014 Decided: November 17, 2014
Before MOTZ and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Sharif Simmons, Appellant Pro Se. Marshall Prince, II,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sharif Simmons appeals the district court’s order
accepting the recommendation of the magistrate judge and
affirming the Commissioner’s denial of disability insurance
benefits and supplemental security income. 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 Simmons that failure to timely file
specific written 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).
Simmons has waived appellate review by failing to 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

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before the court and argument would not aid the decisional
process.
AFFIRMED

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