Steve Lester v. Karen Ratigan, No. 12-6661 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6661 STEVE LESTER, Plaintiff - Appellant, v. KAREN C. RATIGAN, State Assistant Attorney General, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Timothy M. Cain, District Judge. (4:12-cv-00016-TMC) Submitted: November 2, 2012 Decided: November 7, 2012 Before WILKINSON, KEENAN, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Steven Lester, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Steve Lester appeals the district court s order dismissing without prejudice as frivolous his 42 U.S.C. § 1983 (2006) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & relief Supp. be 2012). denied The and magistrate advised Lester judge recommended that that failure file to specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The district court adopted 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 Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). has waived objections appellate after review receiving by proper failing to notice. affirm the judgment of the district court. oral argument adequately of because presented in the the facts and materials file Lester specific Accordingly, we We dispense with legal before contentions the court are and argument would not aid the decisional process. AFFIRMED 2

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