Kenda R. Kirby v. North Carolina State

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to allow a new issue on appeal [999624699-2] Originating case number: 5:13-cv-00850-FL Copies to all parties and the district court/agency. [999652677]. Mailed to: Kirby. [15-1333]

Appeal: 15-1333

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1333

KENDA R. KIRBY,
Plaintiff - Appellant,
v.
NORTH CAROLINA STATE UNIVERSITY,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:13-cv-00850-FL)

Submitted:

August 17, 2015

Decided:

September 2, 2015

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kenda R. Kirby, Appellant Pro Se.
Alexander McClure Peters,
Special Deputy Attorney General, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenda R. Kirby appeals the district court’s order denying
relief on her civil complaint.

The district court referred this

case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B)
(2012).
and

The magistrate judge recommended that relief be denied

advised

Kirby

that

failure

to

file

objections

to

this

recommendation could waive appellate review of a district court
order based upon the 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 of the consequences of noncompliance.

Wright v.

Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas
v.

Arn,

474

U.S.

140

(1985).

Liberally

construed,

Kirby’s

objections to the magistrate judge’s report and recommendation
specifically

challenged

address

claims

her

Amendments

of

recommendation

1972,
to

protection claims.

the

magistrate

concerning
20

deny

Title

U.S.C.
relief

judge’s
IX

of

§§ 1681-1688
on

her

due

failure

the

Education

(2012),
process

to

and

and

the

equal

By failing to file specific objections to

the magistrate judge’s recommendation with regard to her other
claims,

after

receiving

proper

appellate review of those claims.

2

notice,

Kirby

has

waived

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Turning to the district court’s dismissal of Kirby’s Title
IX, equal protection, and due process claims, we have reviewed
the record and discern no reversible error.
affirm the judgment of the district court.

Accordingly, we

Kirby v. N.C. State

Univ., No. 5:13-cv-00850-FL (E.D.N.C. Mar. 11, 2015).

We deny

Kirby’s motion to allow a new issue on appeal and dispense with
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

contentions
this

court

are
and

argument would not aid the decisional process.
AFFIRMED

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