Gary L. SWANSON, Plaintiff - Appellant, v. LITTLER MENDELSON P.C., Defendant - Appellee.
Decided: June 18, 2020
Before MOTZ and KING, Circuit Judges, and SHEDD, Senior Circuit Judge.
Gary L. Swanson, Appellant Pro Se.
Gary L. Swanson appeals the district court's order dismissing his civil action under 28 U.S.C. § 1915(e)(2)(B) (2018). The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2018). The magistrate judge recommended dismissing the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) and advised Swanson 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. Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 154-55, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Swanson has waived appellate review by failing to file objections to the magistrate judge's recommendation 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 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Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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