Randal E. Manley, Plaintiff-appellant, v. Howard Painter, Deputy Sheriff; James W. Rogers, Sheriff;henry County Sheriff's Dept., Defendants-appellees, 857 F.2d 1469 (4th Cir. 1988)

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US Court of Appeals for the Fourth Circuit - 857 F.2d 1469 (4th Cir. 1988) Submitted: June 28, 1988. Decided: Sept. 7, 1988

Randal E. Manley, appellant pro se.

W. Carrington Thompson (Clement & Wheatley), for appellees.

Before K.K. HALL, MURNAGHAN and WILKINSON, Circuit Judges.

PER CURIAM:


Randal E. Manley appeals the district court's order dismissing this 42 U.S.C. § 1983 action. Appellant's action was referred to a magistrate pursuant to 28 U.S.C. § 636(b) (1) (B). The magistrate recommended that relief be denied and advised appellant that the failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, appellant failed to object to the magistrate's recommendation.

This Court has held that the timely filing of objections to a magistrate's recommendation is necessary to preserve appellate review of the substance of that recommendation where the parties have been warned that failure to object will waive appellate review. Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir.), cert. denied, 467 U.S. 1208 (1984). See Thomas v. Arn, 474 U.S. 140 (1985). Appellant has waived appellate review by failing to file objections after receiving proper notice. We accordingly affirm the judgment of the district court. We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not significantly aid the decisional process.

AFFIRMED.