Filed: Apr. 26, 2010
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2394 BENJAMIN T. ALSTON, Plaintiff – Appellant, v. GE GAS TURBINES GREENVILLE LLC, Defendant – Appellee, and GENERAL ELECTRIC COMPANY, Defendant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:08-cv-02897-HMH) Submitted: April 22, 2010 Decided: April 26, 2010 Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Affir
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2394 BENJAMIN T. ALSTON, Plaintiff – Appellant, v. GE GAS TURBINES GREENVILLE LLC, Defendant – Appellee, and GENERAL ELECTRIC COMPANY, Defendant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:08-cv-02897-HMH) Submitted: April 22, 2010 Decided: April 26, 2010 Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Affirm..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2394
BENJAMIN T. ALSTON,
Plaintiff – Appellant,
v.
GE GAS TURBINES GREENVILLE LLC,
Defendant – Appellee,
and
GENERAL ELECTRIC COMPANY,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., Senior
District Judge. (6:08-cv-02897-HMH)
Submitted: April 22, 2010 Decided: April 26, 2010
Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Benjamin T. Alston, Appellant Pro Se. Charles Edgar McDonald,
III, OLGETREE, DEAKINS, NASH, SMOAK & STEWART, PC, Greenville,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Benjamin T. Alston appeals the district court’s order
granting summary judgment to Appellee in Alston’s civil action
alleging discrimination, in violation of the Americans with
Disabilities Act of 1990, as amended, 42 U.S.C.A. §§ 12101 to
12213 (West 2005 & Supp. 2009), and Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17
(2006) and retaliatory discharge, in violation of S.C. Code Ann.
§ 41-1-80 (2009). The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006).
The magistrate judge recommended that Appellee’s summary
judgment motion be granted and advised Alston that failure to
file specific and timely objections to the recommendation could
waive appellate review of a district court order based on that
recommendation. Despite this warning, Alston filed only general
objections to the magistrate judge’s recommendation that did not
address the magistrate judge’s findings.
The filing of specific objections to a magistrate
judge’s recommended disposition is necessary to preserve
appellate review of the substance of that recommendation when
the parties have been warned of the consequences of
noncompliance. See Diamond v. Colonial Life & Accident Ins.
Co.,
416 F.3d 310, 315 (4th Cir. 2005); Wright v. Collins,
766
F.2d 841, 845-46 (4th Cir. 1985). Alston has waived appellate
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review in this case by failing to file specific objections to
the magistrate judge’s report 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
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