Filed: Apr. 30, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7835 MOSHE DAYAN AITCH, Plaintiff - Appellant, v. DENISE LECHELE MAYBIN; ANETRA LASHUN SMITH; TUWANA WILLIAMS, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry M. Herlong, Jr., District Judge. (9:08-cv-02242-HMH) Submitted: April 23, 2009 Decided: April 30, 2009 Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam o
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7835 MOSHE DAYAN AITCH, Plaintiff - Appellant, v. DENISE LECHELE MAYBIN; ANETRA LASHUN SMITH; TUWANA WILLIAMS, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry M. Herlong, Jr., District Judge. (9:08-cv-02242-HMH) Submitted: April 23, 2009 Decided: April 30, 2009 Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam op..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7835
MOSHE DAYAN AITCH,
Plaintiff - Appellant,
v.
DENISE LECHELE MAYBIN; ANETRA LASHUN SMITH; TUWANA WILLIAMS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Henry M. Herlong, Jr., District
Judge. (9:08-cv-02242-HMH)
Submitted: April 23, 2009 Decided: April 30, 2009
Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Moshe Dayan Aitch, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Moshe Dayan Aitch appeals the district court’s order
dismissing without prejudice his 42 U.S.C. § 1983 (2006)
complaint. The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006).
The magistrate judge recommended that relief be denied and
advised Aitch that failure to file timely specific objections to
this recommendation could waive appellate review of a district
court order based upon the recommendation. Despite this
warning, Aitch failed to file specific objections to the
magistrate judge’s recommendation.
The timely filing of specific objections to a
magistrate judge’s recommendation is necessary to preserve
appellate review of the substance of that recommendation when
the parties have been warned of the consequences of
noncompliance. Wright v. Collins,
766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn,
474 U.S. 140 (1985). Aitch
has waived appellate review by failing to timely 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 contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED
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