Harris v. Progressive Northern Insurance , 354 F. App'x 804 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-1846
    TANGER ANITA HARRIS,
    Plaintiff - Appellant,
    v.
    PROGRESSIVE NORTHERN INSURANCE COMPANY;         BURNS    AND   BURNS
    INSURANCE; TRISH CLARK; ALLISON THOMAS,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.     Henry M. Herlong, Jr., Senior
    District Judge. (8:09-cv-01341-HMH)
    Submitted:    November 19, 2009             Decided:    December 1, 2009
    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Tanger Anita Harris, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Tanger Anita Harris appeals the district court’s order
    dismissing her cause of action without prejudice for lack of
    subject matter jurisdiction.               The district court referred this
    case to a magistrate judge pursuant to 
    28 U.S.C. § 636
    (b)(1)(B)
    (2006).     The magistrate judge recommended that relief be denied
    and advised Harris 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,    Harris     failed      to   object    to    the    magistrate    judge’s
    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).                      Harris
    has waived appellate review by failing to timely file specific
    objections    after     receiving        proper    notice.       Accordingly,      we
    affirm the judgment of the district court.
    Before this court, Harris also moves to seal this matter,
    in its entirety, for a transcript at the Government’s expense,
    and to “prosecute” Defendant Progressive Northern Insurance.                       In
    2
    her motion to seal this matter, Harris fails to comply with the
    requirements of 4th Cir. R. 25(c).             Thus, we deny her motion to
    seal.    Additionally, the docket does not reflect any hearing for
    which a transcript could be prepared.                Thus, we deny Harris’
    motion for a transcript at the Government’s expense.                     Finally,
    because Harris asserts injury caused by Defendant Progressive
    Northern Insurance for the first time on appeal, we conclude
    that    such    claim    is    procedurally   defaulted    and   deny     relief.
    Muth v. United States, 
    1 F.3d 246
    , 250 (4th Cir. 1993); Nat’l
    Wildlife Fed. v. Hanson, 
    859 F.2d 313
    , 318 (4th Cir. 1988).
    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
    3
    

Document Info

Docket Number: 09-1846

Citation Numbers: 354 F. App'x 804

Judges: Motz, Gregory, Shedd

Filed Date: 12/1/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024