Dorothy Jeffries v. William Chavis

Filing 920100120

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2285 DOROTHY M. JEFFRIES, Plaintiff - Appellant, v. WILLIAM CHAVIS, d/b/a Cape Fear Upholstery of Fayetteville, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:08-cv-00519-BO) Submitted: January 14, 2010 Decided: January 20, 2010 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Dorothy M. Jeffries, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dorothy Jeffries appeals the district court's order The denying relief on her personal property damage complaint. district court referred this case to a magistrate judge pursuant to 28 U.S.C. 636(b)(1)(B) relief be (2006). and The magistrate Jeffries judge that recommended that denied advised failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. timely, Despite this warning, Jeffries failed to make objections to the magistrate judge's specific recommendation. The magistrate timely filing of specific is objections to to a judge's recommendation necessary preserve appellate review of the substance of that recommendation when the parties have been v. warned of the 766 consequences F.2d 841, of noncompliance. Wright Collins, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Jeffries has waived appellate review by filing objections that were neither timely nor specific to the magistrate judge's recommendation, after receiving proper notice. Accordingly, we deny Jeffries's motion for a transcript at government expense and affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3

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