Janice Land v. Gen Pak, No. 11-1794 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1794 JANICE LAND, Plaintiff - Appellant, v. GEN PAK, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:10-cv-00639-MOC-DCK) Submitted: November 17, 2011 Decided: November 22, 2011 Before KING, DAVIS, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Janice Land, Appellant Pro Se. Julie Kerr Adams, Jerry Howard Walters, Jr., LITTLER MENDELSON, PC, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Janice Land appeals the district court s order dismissing her complaint for failure to state a claim. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2011). The magistrate judge recommended that relief be denied and advised Land that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The magistrate timely judge s filing of recommendation specific is objections necessary to to a preserve appellate review of the substance of that recommendation when the parties have noncompliance. been warned of the consequences Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). has waived objections of appellate after review receiving by proper failing to notice. file Land specific Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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