Barbara Curry v. Adam Steifer

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999769617-2] Originating case number: 1:15-cv-01107-CCE-LPA Copies to all parties and the district court/agency. [999871449].. [16-1141]

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Appeal: 16-1141 Doc: 10 Filed: 06/28/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1141 BARBARA LINDSEY CURRY, Plaintiff – Appellant, v. ADAM STEIFER; MATTHEW FLATLOW, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:15-cv-01107-CCE-LPA) Submitted: June 23, 2016 Decided: June 28, 2016 Before MOTZ, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Barbara Lindsey Curry, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1141 Doc: 10 Filed: 06/28/2016 Pg: 2 of 2 PER CURIAM: Barbara Lindsey Curry seeks to appeal the district court’s order denying relief on her 42 U.S.C. § 1983 (2012) complaint. The district court referred this case to a pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). magistrate judge The magistrate judge recommended that relief be denied and advised Curry that failure to file timely 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, see 766 F.2d 841, 845-46 (4th Thomas v. Arn, 474 U.S. 140 (1985). Cir. 1985); also Curry has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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