Filed: Aug. 03, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1404 MAVIES WINGLER, Plaintiff - Appellant, versus GROUP LOTTO, a foreign Corporation, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (CA-01-518-2) Submitted: July 29, 2004 Decided: August 3, 2004 Before LUTTIG, MICHAEL, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Mavies Wingler
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1404 MAVIES WINGLER, Plaintiff - Appellant, versus GROUP LOTTO, a foreign Corporation, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (CA-01-518-2) Submitted: July 29, 2004 Decided: August 3, 2004 Before LUTTIG, MICHAEL, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Mavies Wingler,..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1404
MAVIES WINGLER,
Plaintiff - Appellant,
versus
GROUP LOTTO, a foreign Corporation,
Defendant - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CA-01-518-2)
Submitted: July 29, 2004 Decided: August 3, 2004
Before LUTTIG, MICHAEL, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mavies Wingler, Appellant Pro Se. John Joseph Nesius, Bruce
Michael Jacobs, Kevin Paul Davis, SPILMAN THOMAS & BATTLE, PLLC,
Charleston, West Virginia; Bruce Ethan Robins, FEDER, KASZOVITZ,
ISAACSON, WEBER, SKALA, BASS & RHINE, New York, New York, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mavies Wingler appeals from the district court’s order
granting summary judgment in favor of Group Lotto in her action in
which she asserted that she chose the winning numbers for a lottery
drawing that had a $10 million jackpot prize. 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
summary judgment be granted in Group Lotto’s favor and advised
Wingler that failure to file timely specific objections to this
recommendation could waive appellate review of a district court
order based upon the recommendation. Despite this warning, Wingler
failed to file specific objections to the magistrate judge’s
recommendation; rather, in response to the recommendation, she
merely restated her claims.
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). Wingler has waived appellate
review by failing to file specific objections after receiving
proper notice. Accordingly, we affirm the judgment of the district
court.
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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
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