Frankie A. Dill, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION (2020)
United States Court of Appeals, Fourth Circuit.
Melinda Gay DILL, Plaintiff - Appellant, Frankie A. Dill, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant - Appellee.
Decided: April 16, 2020
Before WILKINSON, QUATTLEBAUM, and RUSHING, Circuit Judges.
Melinda Gay Dill, Appellant Pro Se.
Melinda Gay Dill appeals the district court's order accepting the recommendation of the magistrate judge and dismissing her complaint for failure to comply with the court's order. The magistrate judge recommended that Dill's complaint be dismissed and advised Dill that failure to file timely 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. See United States v. Midgette, 478 F.3d 616, 622 (4th Cir. 2007); see also Thomas v. Arn, 474 U.S. 140, 154-55, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Dill has waived appellate review by failing to file objections to the magistrate judge's recommendation after receiving proper notice.
Accordingly, we affirm the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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