Filed: Feb. 26, 2013
Latest Update: Mar. 26, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2308 GWEN HURT, Plaintiff - Appellant, v. BANK OF AMERICA BAC HOME LOAN SERVICING, LP; RECONTRUST COMPANY, NA; ALG TRUSTEE LLC; DEUTSCHE BANK NATIONAL TRUST COMPANY, Defendants - Appellees, and FIRST FRANKLIN MORTGAGE LOAN TRUST, Defendant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:12-cv-00184-REP-DJN) Submitted: February 19, 20
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2308 GWEN HURT, Plaintiff - Appellant, v. BANK OF AMERICA BAC HOME LOAN SERVICING, LP; RECONTRUST COMPANY, NA; ALG TRUSTEE LLC; DEUTSCHE BANK NATIONAL TRUST COMPANY, Defendants - Appellees, and FIRST FRANKLIN MORTGAGE LOAN TRUST, Defendant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:12-cv-00184-REP-DJN) Submitted: February 19, 201..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2308
GWEN HURT,
Plaintiff - Appellant,
v.
BANK OF AMERICA BAC HOME LOAN SERVICING, LP; RECONTRUST
COMPANY, NA; ALG TRUSTEE LLC; DEUTSCHE BANK NATIONAL TRUST
COMPANY,
Defendants - Appellees,
and
FIRST FRANKLIN MORTGAGE LOAN TRUST,
Defendant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:12-cv-00184-REP-DJN)
Submitted: February 19, 2013 Decided: February 26, 2013
Before WILKINSON, FLOYD, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gwen Hurt, Appellant Pro Se. Catherine Bobick, Jacob Scott
Woody, MCGUIREWOODS, LLP, Charlottesville, Virginia; Robert
William Loftin, MCGUIREWOODS, LLP, Richmond, Virginia; Dean L.
Robinson, ATLANTIC LAW GROUP, LLC, Leesburg, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Gwen Hurt appeals from the district court’s order
denying relief on her civil action. The district court referred
this case to a magistrate judge pursuant to 28 U.S.C.A.
§ 636(b)(1)(B) (West 2006 & Supp. 2012). The magistrate judge
recommended that the district court grant the motions to dismiss
Hurt’s amended complaint, deny Hurt’s self-styled “Motion
Demurrer for Non Consent and Objections,” and deny as moot
Hurt’s motions seeking injunctive relief, a temporary
restraining order, and to strike the motions to dismiss her
original complaint. The magistrate judge also advised Hurt that
failure to file objections to this recommendation in a timely
manner could bar appellate review of a district court order
based on the recommendation.
The district court adopted the recommendation, granted
the motions to dismiss Hurt’s amended complaint, denied Hurt’s
Motion Demurrer, dismissed the amended complaint, and denied as
moot Hurt’s motions for injunctive relief and a temporary
restraining order. The court also denied Hurt’s motions to
strike the motions to dismiss her original complaint, denied as
moot Hurt’s motion for a restraining order, denied as moot
Hurt’s motions to amend and correct the spelling of a
defendant’s name, and denied as moot the motions to dismiss
Hurt’s original complaint. The court further denied Hurt’s
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self-styled “Affidavit of Fact and Motion for Disqualification
of Judge” and denied as moot Hurt’s motions for summary judgment
and default judgment. We affirm.
A litigant who fails to file specific written
objections to a magistrate judge’s recommendations waives her
right to appellate review of a district court order adopting the
recommendations. Wright v. Collins,
766 F.2d 841, 845 (4th Cir.
1985) (noting the “general rule that a party who fails to object
to a magistrate[] [judge’s] report is barred from appealing the
judgment of a district court adopting the magistrate[] [judge’s]
findings”); see United States v. Benton,
523 F.3d 424, 428
(4th Cir. 2008) (holding that a “general objection” to a
magistrate judge’s finding is insufficient to preserve a claim
for appellate review). Hurt has waived her right to appellate
review of the district court’s rulings granting the motions to
dismiss the amended complaint, denying the Motion Demurrer,
dismissing the amended complaint, and denying as moot the
motions for injunctive relief and a temporary restraining order
by failing to file specific written objections to the magistrate
judge’s report in a timely manner.
Next, on appeal, we confine our review to the issues
raised in the Appellant’s brief. See 4th Cir. R. 34(b).
Because Hurt’s informal brief does not challenge the district
court’s rulings denying her motions to strike the motions to
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dismiss her original complaint, denying as moot her motion for a
restraining order, denying as moot her motions to amend and
correct the spelling of a defendant’s name, denying as moot the
motions to dismiss her original complaint, and denying her
Affidavit of Fact and Motion for Disqualification of Judge, Hurt
has forfeited appellate review of those rulings.
Finally, with respect to the district court’s denial
as moot of Hurt’s motions for summary judgment and default
judgment, we have reviewed the record and find no reversible
error. Accordingly, we affirm the district court’s judgment.
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
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