Tawanda Blair v. Commissioner of SSA

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion transfer case [998872028-2] Originating case number: 8:11-cv-01476-RMG Copies to all parties and the district court/agency. [998880037]. Mailed to: Tawanda Blair. [12-1435]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1435

TAWANDA BLAIR, on behalf of JDS,
Plaintiff – Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION,
Defendant - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Anderson. Richard M. Gergel, District Judge.
(8:11-cv-01476-RMG)

Submitted:

June 18, 2012

Decided:

June 21, 2012

Before WILKINSON, DAVIS, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tawanda Blair, Appellant Pro Se. Marshall Prince, II, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tawanda
order

Blair

upholding

the

seeks

to

appeal

Commissioner’s

the

district

court’s

decision

denying

Blair’s

application for supplemental security income filed on behalf of
her minor child.

The district court referred this case to a

magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West
2006 & Supp. 2011).

The magistrate judge recommended that the

Commissioner’s decision be upheld and advised Blair that failure
to

file

timely

appellate

objections

review

of

a

to

the

district

recommendation

court

order

could

based

waive

upon

the

recommendation.
The
magistrate

timely

judge’s

filing

of

recommendation

specific
is

objections

necessary

to

to

a

preserve

appellate review of the substance of that recommendation when
the

parties

noncompliance.

have

been

warned

of

the

consequences

of

Wright v. Collins, 766 F.2d 841, 845-46 (4th

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).

Blair

has waived appellate review by failing to file objections after
receiving proper warning.

Accordingly, we dismiss the appeal.

We dispense with oral argument because the facts and
legal

contentions

are

adequately

2

presented

in

the

materials

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before

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the

and

process.

court

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argument

would

not

aid

the

decisional

The motion to transfer to Atlanta, Georgia, is denied.

DISMISSED

3