Filed: Jan. 22, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1881 MARY C. RANDALL, Plaintiff - Appellant, v. RICHARD M. TIERNEY, CPCU, ACI Branch Manager; MICHAEL C. PEDERSEN, Amica Adjuster, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Aiken. J. Michelle Childs, District Judge. (1:16-cv-00255-JMC) Submitted: January 18, 2018 Decided: January 22, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Affi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1881 MARY C. RANDALL, Plaintiff - Appellant, v. RICHARD M. TIERNEY, CPCU, ACI Branch Manager; MICHAEL C. PEDERSEN, Amica Adjuster, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Aiken. J. Michelle Childs, District Judge. (1:16-cv-00255-JMC) Submitted: January 18, 2018 Decided: January 22, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Affir..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-1881
MARY C. RANDALL,
Plaintiff - Appellant,
v.
RICHARD M. TIERNEY, CPCU, ACI Branch Manager; MICHAEL C.
PEDERSEN, Amica Adjuster,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Aiken.
J. Michelle Childs, District Judge. (1:16-cv-00255-JMC)
Submitted: January 18, 2018 Decided: January 22, 2018
Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mary C. Randall, Appellant Pro Se. Brandon R. Gottschall, William Oglesby Sweeny,
III, SWEENY, WINGATE & BARROW, PA, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mary C. Randall appeals the district court’s order accepting the recommendation
of the magistrate judge and granting Defendants’ motion to dismiss her civil complaint.
The district court referred this case to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) (2012). The magistrate judge recommended that Defendants’ motion to
dismiss be granted and advised Randall that a failure to timely file specific objections to
this recommendation could waive appellate review of a district court order based upon
the 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. See
Martin v. Duffy,
858 F.3d 239, 245-46 (4th Cir. 2017), petition for cert. filed,
__ U.S.L.W. __ (U.S. Sept. 25, 2017) (No. 17-539). Randall has waived appellate review
by failing, after receiving proper notice, to file objections that were specific to the basis
of the magistrate judge’s recommendation. Rather, she generally asserted that she was
receiving unfair treatment in South Carolina courts.
In the absence of the requisite specific objections, we grant leave to proceed in
forma pauperis and 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 this court and argument would not aid the decisional process.
AFFIRMED
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