Filed: Sep. 14, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1430 PATRICIA SAWASKY, Plaintiff – Appellant, v. BRIAN WALLACE BRIAN, Defendant – Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:09-cv-00580-HFF) Submitted: September 10, 2009 Decided: September 14, 2009 Before KING, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Patricia Sawasky, Appellant Pro Se. Un
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1430 PATRICIA SAWASKY, Plaintiff – Appellant, v. BRIAN WALLACE BRIAN, Defendant – Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:09-cv-00580-HFF) Submitted: September 10, 2009 Decided: September 14, 2009 Before KING, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Patricia Sawasky, Appellant Pro Se. Unp..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1430
PATRICIA SAWASKY,
Plaintiff – Appellant,
v.
BRIAN WALLACE BRIAN,
Defendant – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(6:09-cv-00580-HFF)
Submitted: September 10, 2009 Decided: September 14, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Patricia Sawasky, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Patricia Sawasky, who proceeds in forma pauperis,
appeals the district court’s order dismissing her action against
Defendant. The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006).
After conducting a 28 U.S.C. § 1915 (2006) review, the
magistrate judge recommended that relief be denied and advised
Sawasky that failure to file timely objections to this
recommendation would waive appellate review of a district court
order based upon the recommendation. Despite this warning,
Sawasky failed to file specific objections 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 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 (1985).
Sawasky has waived appellate review by failing to file specific
objections after receiving proper notice. Accordingly, we
affirm the district court’s judgment.
*
Instead, Sawasky filed a “Motion to Change the Judge,” in
which she summarily stated that she disagreed with the
magistrate judge’s recommendation.
2
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