Flemmings v. Verizon Wireless

U.S. Court of Appeals for the Fourth Circuit

Flemmings v. Verizon Wireless

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1709

GENORA FLEMMINGS,

Plaintiff - Appellant,

v.

VERIZON WIRELESS,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, District Judge. (6:09-cv-02220-RBH)

Submitted: October 14, 2010 Decided: October 20, 2010

Before MOTZ, KING, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Genora Flemmings, Appellant Pro Se. William H. Floyd, III, NEXSEN PRUET, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Genora Flemmings appeals the district court’s order

accepting the recommendation of the magistrate judge and

granting Defendant’s motion for sanctions and dismissing the

complaint for failure to comply with discovery orders. We

affirm.

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. United States v. Midgette,

478 F.3d 616, 621

(4th Cir. 2007); Wright v. Collins,

766 F.2d 841, 845-46

(4th

Cir. 1985); see also Thomas v. Arn,

474 U.S. 140, 155

(1985).

Flemmings 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 the court and argument would not aid the decisional

process.

AFFIRMED

2

Reference

Status
Unpublished