Sakima El Bey v. Lieutenant Davi, No. 11-1778 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1778 SAKIMA IBAN SALIH EL BEY, a/k/a a/k/a Iban Salih El Bey Sakim, Francis Marion Savall, Plaintiff - Appellant, v. LIEUTENANT DAVIS; JOE SHAW, Mayor, City of Lancaster; HARLEAN HOWARD, Chief of Police, Lancaster Police Department; NIKKI HALEY, Governor, State of SC; OFFICER FIREBAUGH, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Solomon Blatt, Jr., Senior District Judge. (0:11-cv-01026-SB) Submitted: October 13, 2011 Decided: October 17, 2011 Before SHEDD, AGEE, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Sakima Iban Salih El Bey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sakima Iban Salih El Bey appeals the district court s order dismissing his 42 U.S.C. § 1983 (2006) complaint without prejudice. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2011). The magistrate judge recommended that the complaint be dismissed and advised El Bey that failure to timely file specific appellate objections review of a to this district recommendation court order could based waive 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 noncompliance. have 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). El Bey has waived appellate review by failing to file 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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