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GARRETT v. BINKLEY (2021)

United States Court of Appeals, Fourth Circuit.2021-08-26No. No. 21-6112

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Opinion

Robert Louis Garrett, Jr., a South Carolina prisoner, seeks to appeal the district courts order accepting the recommendation of the magistrate judge and granting Defendants’ motions for summary judgment in Garretts 42 U.S.C. § 1983 civil rights action. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be denied and advised Garrett that failure to file timely, specific objections to the recommendation would waive appellate review of a district court order based on the recommendation. Garrett filed no objections.

The timely filing of specific objections to a magistrate judges recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 154-55, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Garrett has waived appellate review by failing to file objections to the magistrate judges recommendation after receiving proper notice. Accordingly, we affirm.

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

PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.