Carol Hall v. Timothy Champayne ( 2012 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-1459
    CAROL L. HALL,
    Plaintiff - Appellant,
    v.
    TIMOTHY CHAMPAYNE,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.   Cameron McGowan Currie, District
    Judge. (3:11-cv-03219-CMC)
    Submitted:   July 19, 2012                 Decided:   July 23, 2012
    Before DUNCAN, AGEE, and WYNN, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Carol L. Hall, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Carol L. Hall seeks to appeal the district court’s
    order adopting the magistrate judge’s report and recommendation
    and     dismissing       without     prejudice       her       complaint      against        an
    employee     of      the     U.S.     Department          of     Housing          and   Urban
    Development.         The     district       court    referred         this     case     to    a
    magistrate judge pursuant to 
    28 U.S.C.A. § 636
    (b)(1)(B) (West
    2006 & Supp. 2012).           The magistrate judge recommended dismissing
    the complaint and advised Hall that failure to file timely and
    specific 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).                                 Hall
    has     waived    appellate        review     by    failing          to    file     specific
    objections       after     receiving       proper    notice.              Accordingly,       we
    affirm the district court’s judgment.
    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: 12-1459

Judges: Duncan, Agee, Wynn

Filed Date: 7/23/2012

Precedential Status: Non-Precedential

Modified Date: 11/5/2024