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Pardasani v. Martin Marietta, 04-1431 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 04-1431 Visitors: 7
Filed: Sep. 01, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1431 DAYAL PARDASANI, Plaintiff - Appellant, versus MARTIN MARIETTA MATERIALS, INCORPORATED, Defendant - Appellee, and PAIGE CORKHILL, Defendant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief District Judge. (CA-02-247) Submitted: August 26, 2004 Decided: September 1, 2004 Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit
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                               UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                               No. 04-1431



DAYAL PARDASANI,

                                              Plaintiff - Appellant,

          versus


MARTIN MARIETTA MATERIALS, INCORPORATED,

                                               Defendant - Appellee,

          and


PAIGE CORKHILL,

                                                           Defendant.


Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CA-02-247)


Submitted:   August 26, 2004             Decided:   September 1, 2004


Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Affirmed by unpublished per curiam opinion.


Dayal Pardasani, Appellant Pro Se. Cecil Webster Harrison, Jr.,
David Lester Woodard, POYNER & SPRUILL, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).




                             - 2 -
PER CURIAM:

          Dayal   Pardasani   appeals   the   district   court’s   order

dismissing his employment discrimination complaint.       The district

court referred this case to a magistrate judge pursuant to 28

U.S.C. § 636(b)(1)(B) (2000).     The magistrate judge recommended

that relief be denied and advised Pardasani that failure to file

timely objections to this recommendation could waive appellate

review of a district court order based upon the recommendation.

Despite this warning, Pardasani failed to object to the magistrate

judge’s 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 that failure to object will waive appellate review.          See

Wright v. Collins, 
766 F.2d 841
, 845-46 (4th Cir. 1985); see also

Thomas v. Arn, 
474 U.S. 140
 (1985). Pardasani 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




                                - 3 -

Source:  CourtListener

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