Alexis Carberry v. Darlington County School District

U.S. Court of Appeals for the Fourth Circuit

Alexis Carberry v. Darlington County School District

Opinion

USCA4 Appeal: 24-1853 Doc: 6 Filed: 11/21/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1853

ALEXIS CARBERRY,

Plaintiff - Appellant,

v.

DARLINGTON COUNTY SCHOOL DISTRICT REPRESENTED; TIM NEWMAN, Indv.; CARLA JEFFERSON, Indv.; BRIAN P. MURPHY, Indv.,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Jacquelyn Denise Austin, District Judge. (0:24-cv-01991-JDA)

Submitted: November 19, 2024 Decided: November 21, 2024

Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alexis Carberry Benson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1853 Doc: 6 Filed: 11/21/2024 Pg: 2 of 2

PER CURIAM:

Alexis Carberry appeals the district court’s order dismissing her civil complaint as

duplicative of a then-pending 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 the

case be dismissed and advised Carberry 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). Carberry has forfeited 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Unpublished