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UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 15-1333 Doc: 20 Filed: 09/02/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1333 KENDA R. KIRBY, Plaintiff - Appellant, v. NORTH CAROLINA STATE UNIVERSITY, Defendant -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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-1333 Doc: 20 Filed: 09/02/2015 Pg: 2 of 3 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 Appeal: 15-1333 Doc: 20 Filed: 09/02/2015 Pg: 3 of 3 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 3

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