REGINALD EVANS v. CHERYL STANTON DEW

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United States Court of Appeals, Fourth Circuit.

REGINALD EVANS, Plaintiff – Appellant, v. CHERYL M. STANTON, Executive Director of South Carolina Department of Employment and Workforce (DEW), Defendant - Appellee.

No. 16-1710

Decided: October 17, 2016

Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges. Reginald Evans, Appellant Pro Se.

Reginald Evans appeals the district court's order accepting the recommendation of the magistrate judge and dismissing his civil complaint. The magistrate judge recommended that relief be denied and advised Evans that failure to file timely 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. United States v. Midgette, 478 F.3d 616, 621-22 (4th Cir. 2007). Evans 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 this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM: