Filed: Mar. 09, 2011
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1036 ANTHONY LEE MCNAIR, Plaintiff – Appellant, v. ROCKY MOUNT POLICE DEPARTMENT, Defendant – Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:10-cv-00544-FL) Submitted: February 28, 2011 Decided: March 9, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1036 ANTHONY LEE MCNAIR, Plaintiff – Appellant, v. ROCKY MOUNT POLICE DEPARTMENT, Defendant – Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:10-cv-00544-FL) Submitted: February 28, 2011 Decided: March 9, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. A..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1036
ANTHONY LEE MCNAIR,
Plaintiff – Appellant,
v.
ROCKY MOUNT POLICE DEPARTMENT,
Defendant – Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. Louise W. Flanagan,
Chief District Judge. (5:10-cv-00544-FL)
Submitted: February 28, 2011 Decided: March 9, 2011
Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Lee McNair, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Lee McNair appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2006) civil rights action. The
district court referred this case to a magistrate judge pursuant
to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2010). The
magistrate judge recommended that relief be denied and advised
McNair that failure to file timely and specific objections to
this recommendation could waive appellate review of a district
court order based upon the 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, 155
(1985). McNair has waived appellate review by failing to 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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