Pelzer v. Social Security ( 2004 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-1322
    PAMELA PELZER,
    Plaintiff - Appellant,
    versus
    SOCIAL SECURITY DISABILITY; SOUTH CAROLINA
    HOUSING AUTHORITY; WORKER COMPENSATION; BANK
    OF AMERICA; FAMILY SERVICE; SOLOMAN SMITH
    BARNEY; UNITED STATES POSTAL SERVICE; LEGAL
    AID, Greenville, South Carolina; CITY HALL -
    POLICE DEPARTMENT; MERRILL LYNCH INVESTMENT
    FIRM; COLLETON COUNTY SHERIFF DEPARTMENT; US
    GRANT,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. Sol Blatt, Jr., Senior District
    Judge. (CA-03-4035-2-08)
    Submitted: April 29, 2004                      Decided:   May 5, 2004
    Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Pamela Pelzer, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    - 2 -
    PER CURIAM:
    Pamela Pelzer appeals from the district court’s order
    dismissing her civil action.    The district court referred this
    case to a magistrate judge pursuant to 
    28 U.S.C. § 636
    (b)(1)(B)
    (2000).   The magistrate judge recommended that relief be denied
    and advised Pelzer that failure to timely file objections to this
    recommendation could waive appellate review of a district court
    order based upon the recommendation. Despite this warning, Pelzer
    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 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).   Pelzer 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 adequately presented in the materials before the
    court and argument would not aid the decisional process.
    AFFIRMED
    - 3 -
    

Document Info

Docket Number: 04-1322

Filed Date: 5/5/2004

Precedential Status: Non-Precedential

Modified Date: 4/18/2021