ROBERT LOUIS GARRETT, JR., a/k/a Chubby, a/k/a Chubb, a/k/a Tru, a/k/a Kweli, a/k/a… v. Np Amy Enloe

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6397
ROBERT LOUIS GARRETT, JR., a/k/a Chubby, a/k/a Chubb, a/k/a Tru, a/k/a
Kweli, a/k/a Justice,
Plaintiff - Appellant,
v.
NP AMY ENLOE; NURSE LINDSEY HARRIS; NURSE KATHERINE W.
BURGESS; UNKNOWN SCDC MEDICAL ADMINISTRATOR AT SCDC
HEADQUARTERS; LLD B. JACOBS,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Cameron McGowan Currie, Senior District Judge. (0:19-cv-01953-CMC)
Submitted: September 8, 2022 Decided: September 12, 2022
Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Robert Louis Garrett, Jr., Appellant Pro Se. David Allan DeMasters, DAVIDSON, WREN
& DEMASTERS, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Louis Garrett, Jr., a South Carolina prisoner, seeks to appeal the district
court’s order accepting the recommendation of the magistrate judge and dismissing without
prejudice Garrett’s 42 U.S.C. § 1983 civil rights action for failure to prosecute. The district
court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The
magistrate judge recommended dismissal for failure to prosecute because Garrett had not
responded to Defendants’ summary judgment motion—despite being granted two
extensions for doing so—and advised Garrett that failure to file timely, specific objections
to the recommendation would waive appellate review of a district court order based on the
recommendation. Garrett filed no objections.
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 (1985). Garrett has waived appellate review by
failing to file objections to the magistrate judge’s recommendation after receiving proper
notice. Accordingly, we affirm.
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

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