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BROWN v. CULICK (2021)

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United States Court of Appeals, Fourth Circuit.

Diontre Jarva BROWN, Plaintiff-Appellant, v. Letitia I. CULICK, in her individual and official capacity, Defendant-Appellee.

No. 20-6561

Decided: January 21, 2021

Before WILKINSON, KEENAN, and HARRIS, Circuit Judges. Diontre Jarva Brown, Appellant Pro Se.

Diontre Jarva Brown appeals the district court's order dismissing his 42 U.S.C. § 1983 complaint without prejudice. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that the complaint be dismissed without prejudice and advised Brown that failure to file timely, specific objections to this recommendation would 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). Brown 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Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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