United States Court of Appeals, Fourth Circuit
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NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of
unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Joseph Raymond PHILLIPS, Plaintiff-Appellant,
v.
Richard S. LINDLER, Warden; Phillip McLeod, Captain;
Colie
L. Rushton, Deputy Warden; Classification
Bollinger, Defendants-Appellees.
No. 93-6130.
United States Court of Appeals,
Fourth Circuit.
Submitted: March 29, 1993
Decided: April 27, 1993
Appeal from the United States District Court for the District of South
Carolina, at Anderson. William B. Traxler, Jr., District Judge. (CA-913733-8-21)
Joseph Raymond Phillips, Appellant Pro Se.
Barbara Murcier Bowens, SOUTH CAROLINA DEPARTMENT OF
CORRECTIONS, Columbia, South Carolina, for Appellees.
D.S.C.
AFFIRMED.
Before LUTTIG, Circuit Judge, and BUTZNER and CHAPMAN, Senior
Circuit Judges.
PER CURIAM:
OPINION
1
Joseph Raymond Phillips appeals the district court's order dismissing this
action brought under 42 U.S.C. 1983 (1988). Plaintiff's case was referred to a
magistrate judge pursuant to 28 U.S.C. 636(b)(1)(B) (1988). The magistrate
judge recommended that relief be denied and advised Plaintiff 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,
Plaintiff failed to object to the magistrate judge's recommendation.
The timely filing of objections to a magistrate judge'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. See Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); United
States v. Schronce, 727 F.2d 91, 93-94 (4th Cir.), cert. denied, 467 U.S. 1208
(1984); see also Thomas v. Arn, 474 U.S. 140 (1985). Plaintiff 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 contentions are adequately presented in
the materials before the Court and argument would not aid the decisional
process.
AFFIRMED
