Mary Anderson v. First Citizens Bank

U.S. Court of Appeals for the Fourth Circuit

Mary Anderson v. First Citizens Bank

Opinion

USCA4 Appeal: 23-1964 Doc: 9 Filed: 12/21/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1964

MARY E. ANDERSON,

Plaintiff - Appellant,

v.

FIRST CITIZENS BANK,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Mary G. Lewis, District Judge. (3:22-cv-02195-MGL)

Submitted: December 19, 2023 Decided: December 21, 2023

Before HARRIS, QUATTLEBAUM, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mary E. Anderson, Appellant Pro Se. Elizabeth Buckley, FOX ROTHSCHILD LLP, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1964 Doc: 9 Filed: 12/21/2023 Pg: 2 of 2

PER CURIAM:

Mary Anderson appeals the district court’s order dismissing her civil action. The

district court referred this case to a magistrate judge pursuant to

28 U.S.C. § 636

(b)(1)(B).

The magistrate judge recommended that relief be denied and advised Anderson that failure

to file timely, 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. Martin v. Duffy,

858 F.3d 239, 245

(4th Cir. 2017); Wright v. Collins,

766 F.2d 841, 846-47

(4th Cir. 1985); see

also Thomas v. Arn,

474 U.S. 140, 154-55

(1985). Anderson has waived appellate review

by failing to file objections to 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

2

Reference

Status
Unpublished