Roundtree v. Webb ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1392
DORA TOOLE ROUNDTREE,
Plaintiff – Appellant,
v.
MARY WEBB; PAMELA GLOVER; JENNIFER HOLSTON,
Defendants – Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Margaret B. Seymour, District Judge.
(1:09-cv-03147-MBS)
Submitted: August 19, 2010 Decided: August 27, 2010
Before MOTZ, GREGORY, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dora Toole Roundtree, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dora Toole Roundtree appeals the district court’s
order accepting the recommendation of the magistrate judge and
dismissing without prejudice her civil complaint, and the
district court’s subsequent order denying reconsideration. The
district court referred this case to a magistrate judge pursuant
to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2010). The
magistrate judge recommended that relief be denied and advised
Roundtree 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. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).
Roundtree has waived appellate review by failing to file
objections after receiving proper notice. Accordingly, we
affirm the orders of the district court. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED
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