Yvette Cole v. South Carolina, No. 09-1506 (4th Cir. 2009)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1506 YVETTE COLE, Plaintiff Appellant, v. SOUTH CAROLINA, State of; HAMPTON, County of, Defendants Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Sol Blatt, Jr., Senior District Judge. (9:09-cv-00324-SB) Submitted: November 5, 2009 Decided: November 19, 2009 Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Yvette Cole, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Yvette Cole appeals the district court s order denying relief on her 42 U.S.C. § 1983 (2006) 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 Cole 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, Cole failed to object to the magistrate judge s recommendation. The magistrate timely judge s filing of recommendation specific is objections necessary to to a preserve appellate review of the substance of that recommendation when the parties have noncompliance. been warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Cole 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 before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2
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