Chapman v. Greenville SC United States Postal Service

U.S. Court of Appeals for the Fourth Circuit
Chapman v. Greenville SC United States Postal Service, 701 F. App'x 269 (4th Cir. 2017)
Gregory, King, Per Curiam, Thacker

Chapman v. Greenville SC United States Postal Service

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Tonya R. Chapman seeks to appeal the district court’s order dismissing her complaint without prejudice and without issuance or service of process. 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 Chapman’s claims be dismissed and advised Chapman that a failure to timely file specific 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Chapman has waived appellate review by failing to file objections that were specific to the basis of the magistrate judge’s recommendation 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

Reference

Full Case Name
Tonya R. CHAPMAN, Plaintiff-Appellant, v. GREENVILLE SC UNITED STATES POSTAL SERVICE; Jennifer J Aidrich, Asst. US Atty. Dep Chief Civil Div.; Ann E Mandernach, Defendants-Appellees
Status
Unpublished