Regina H. Gordon v. City of Emporia

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:16-cv-00583-MHL-DJN. Copies to all parties and the district court/agency. [1000317847]. Mailed to: Gordon. [18-1131]

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Appeal: 18-1131 Doc: 11 Filed: 06/25/2018 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1131 REGINA H. GORDON, Plaintiff - Appellant, v. CITY OF EMPORIA; BRIAN THROWER, City Manager of Emporia VA; NANCY TURNER, Supervisor of Family Violence Sexual Assault Unit; F. WOODROW HARRIS, Director of Probation Services; MARY PERSON, Mayor of Emporia, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:16-cv-00583-MHL-DJN) Submitted: June 21, 2018 Decided: June 25, 2018 Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Regina H. Gordon, Appellant Pro Se. Jeremy David Capps, HARMAN CLAYTOR CORRIGAN & WELLMAN, P.C., Glen Allen, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 18-1131 Doc: 11 Filed: 06/25/2018 Pg: 2 of 2 PER CURIAM: Regina H. Gordon appeals the district court’s order denying relief on her 42 U.S.C. § 1983 (2012) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Gordon 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, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Gordon has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. 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. AFFIRMED 2

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