Booth v. Hoechst Celanese ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
LINDA F. BOOTH,
Plaintiff-Appellant,
v.
HOECHST CELANESE CORPORATION;
No. 95-2868
AMALGAMATED CLOTHING AND
TEXTILE WORKERS UNION, AFL-CIO,
CLC,
Defendants-Appellees.
Appeal from the United States District Court
for the District of South Carolina, at Rock Hill.
Joseph F. Anderson, Jr., District Judge.
(CA-94-1524)
Submitted: April 30, 1997
Decided: June 24, 1997
Before HALL, MICHAEL, and MOTZ, Circuit Judges.
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Dismissed by unpublished per curiam opinion.
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COUNSEL
Mary P. Miles, Columbia, South Carolina, for Appellant; Linda F.
Booth, Appellant Pro Se. Herbert E. Buhl, III, Columbia, South Caro-
lina; David M. Prouty, UNITE, New York, New York; Glenn R.
Goodwin, OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
L.L.P., Greenville, South Carolina, for Appellees.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Linda Booth seeks to appeal the district court's order dismissing
her civil action filed under Title VII of the Civil Rights Act of 1964,
42 U.S.C. § 2000(e) to -17, 42 U.S.C. § 1981, 29 U.S.C. §§ 158(b),
159(a) of the Labor-Management Relations Act of 1947, and South
Carolina common law against the Defendants, Hoechst Celanese and
the Amalgamated Clothing & Textile Workers Union, alleging racial
discrimination. The matter was referred to a magistrate judge.1 The
magistrate judge issued a report recommending that summary judg-
ment be granted to the Defendants; however, the parties were not
warned that they could waive appellate review by failing to object.
Booth failed to object to the magistrate judge's report, and the district
court adopted the report and granted summary judgment to Hoechst
Celanese and the Amalgamated Clothing & Textile Workers Union.
Booth now appeals the district court's order granting summary judg-
ment.
While Booth asserts that the ends of justice would be served by
hearing her appeal, this court's recent decision in Wells v. Shriners
Hospital2 is dispositive in this matter. Even when the parties have not
been warned that the failure to object will waive appellate review, the
timely filing of objections is necessary to preserve appellate review
in counseled cases.3 As a counseled party, Booth received ample
notice by way of statute,4 the Federal Rules,5 and extensive circuit
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1 See 28 U.S.C. § 636(b)(1)(B) (1994); District of South Carolina Local
Rule 19.02(B)(2)(f).
2 109 F.3d 198 (4th Cir. 1997).
3 See Wells, 109 F.3d at 201.
4 See 28 U.S.C. § 636(b)(1) (1994).
5 See Fed. R. Civ. P. 72
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precedent6 of the deadline for filing objections and the consequences
for noncompliance. A court is under no obligation to advise every
lawyer of every deadline for every proceeding--much less of every
consequence should the deadline be missed or ignored. The ten day
deadline is hardly obscure, and a court may count upon attorneys to
consult readily available court procedures along with any accompany-
ing caselaw.7
Accordingly, we dismiss the appeal. Additionally, we grant Appel-
lee Amalgamated Clothing and Textile Workers Union's motion to
file a supplemental appendix. 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.
DISMISSED
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6 See Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989) (tort defendant
who failed to file objections to magistrate's report waived appeal);
Taylor v. Bowen, 821 F.2d 985 (4th Cir. 1987) (disability claimant who
failed to file objections to magistrate's report waived appeal); Praylow
v. Martin, 761 F.2d 179, 180 n.1 (4th Cir. 1985) (party which failed to
file an objection to a particular point in magistrate's finding waived
appeal on that point); United States v. Schronce, 727 F.2d 91 (4th Cir.
1984) (prisoner who failed to file objections to magistrate's report
waived appeal); Carr v. Hutto, 737 F.2d 433 (4th Cir. 1984) (prisoner
who objected to magistrate's report after deadline waived appeal); cf.
Nantahala Village, Inc. v. NCNB Nat'l Bank, 976 F.2d 876 (4th Cir.
1992) (debtor who failed to file objections to bankruptcy court's recom-
mendations waived appeal).
7 See Wells, 109 F.3d at 200.
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