Anthony McNair v. Rocky Mount Police Department, No. 11-1036 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1036 ANTHONY LEE MCNAIR, Plaintiff Appellant, v. ROCKY MOUNT POLICE DEPARTMENT, Defendant Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:10-cv-00544-FL) Submitted: February 28, 2011 Decided: March 9, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthony Lee McNair, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Lee McNair appeals the district court s order dismissing his 42 U.S.C. § 1983 (2006) civil rights action. 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 relief be denied and advised McNair that failure to file timely and specific objections to this recommendation could waive appellate review of a district court order based upon the 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 been noncompliance. Wright (4th Cir. see (1985). 1985); warned v. also of Collins, Thomas v. the 766 Arn, consequences F.2d 474 841, U.S. of 845-46 140, 155 McNair 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 before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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