Filed: August 18, 2000

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6262

(CA-98-3735-0-13-BD)

George Jones, Sr.,

Plaintiff - Appellant,

versus

Michael Moore, etc., et al.,

Defendants - Appellees.

ORDER

The court amends its opinion filed June 5, 2000, as follows:

On page 2, first full paragraph, line 2 -- the parenthetical

is corrected to read “(West Supp. 2000).”

On page 2, second full paragraph, line 7 -- a footnote is

added after the word “notice.” The footnote reads:

Jones argues that his failure to object should be excused

because a law clerk was late in returning the appropriate

paperwork to Jones. Even if we assume this was true, we

have reviewed the district court’s order dismissing his

action and find no reversible error. See Jones v. Moore,

No. CA-98-3735-0-13-BD (D.S.C. Dec. 8, 1999).

For the Court - By Direction

/s/ Patricia S. Connor

Clerk
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6262

GEORGE JONES, SR.,

Plaintiff - Appellant,

versus

MICHAEL MOORE, Director of South Carolina Department of Corrections; CORRECTIONAL OFFICER

TAYLOR; CORRECTIONAL OFFICER WHITNEY; CAPTAIN

ALBARITTON; CAPTAIN PATE; CORRECTIONAL OFFICER

MACK; SERGEANT CARTER,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Rock Hill. G. Ross Anderson, Jr., District

Judge. (CA-98-3735-0-13-BD)

Submitted: May 25, 2000 Decided: June 5, 2000

Before WILLIAMS, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

George Jones, Sr., Appellant Pro Se. Marvin Coleman Jones, BOGOSLOW

& JONES, Walterboro, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* Jones argues that his failure to object should be excused

because a law clerk was late in returning the appropriate paperwork

to Jones. Even if we assume this was true, we have reviewed the

district court’s order dismissing his action and find no reversible

error. See Jones v. Moore, No. CA-98-3735-0-13-BD (D.S.C. Dec. 8,

1999).

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PER CURIAM:

George Jones, Sr., appeals from the district court’s order

dismissing his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint.

Jones’ case was referred to a magistrate judge pursuant to 28

U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended

that relief be denied and advised Jones that failure to file timely

objections to this recommendation could waive appellate review of

a district court order based upon the recommendation. Despite this

warning, Jones failed to object to the magistrate judge’s

recommendation.

The timely filing of 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

that failure to object will waive appellate review. See Wright v.

Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v.

Arn, 474 U.S. 140 (1985). Jones has waived appellate review by

failing to file 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
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adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED