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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-2952 EVA F. CHAMBERS, Plaintiff - Appellant, versus KERSHAW COUNTY SCHOOL DISTRICT, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CA-94-1109-3-19BD) Submitted: January 9, 1997 Decided: January 16, 1997 Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Eva F. Chambers, Appellant Pro Se. Kenneth Lendren Childs, CHILDS & DUFF, P.A., Columbia, South Carolina; Geoffrey Ross Bonham, GOODSTEIN & GOODSTEIN, Summerville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Eva F. Chambers appeals the district court's order dismissing her civil rights action. Appellant's case was referred to a magis- trate judge pursuant to
28 U.S.C. § 636(b)(1)(B) (1994). The magis- trate judge recommended that relief be denied and advised Appellant 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, Appellant failed to object to the magistrate judge's recommendation. The timely filing of objections to a magistrate judge's recom- mendation is necessary to preserve appellate review of the sub- stance of that recommendation when the parties have been warned that failure to object will waive appellate review. Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985). See generally Thomas v. Arn,
474 U.S. 140(1985). Appellant has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. We dis- pense 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 2
Document Info
Docket Number: 95-2952
Filed Date: 1/16/1997
Precedential Status: Non-Precedential
Modified Date: 10/31/2014