Chambers v. Kershaw County ( 1997 )


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  •                             UNPUBLISHED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    Affirmed by unpublished per curiam opinion.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    Unpublished opinions are not binding precedent in this circuit.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Precedential Status: Non-Precedential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