Asha Gibson v. NSA, No. 15-1413 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1413 ASHA LANE GIBSON, Plaintiff - Appellant, v. NSA; DEA; FBI; IBM; CIA; NAVY, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:15-cv-00132-HMH) Submitted: June 18, 2015 Decided: June 22, 2015 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Asha Lane Gibson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Asha Lane Gibson appeals the district court’s order denying relief on her complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act. this case to a magistrate § 636(b)(1)(B) (2012). The district court referred judge pursuant to 28 U.S.C. The magistrate judge recommended that relief be denied and advised Gibson that failure to file timely, 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 when the parties have been warned of the consequences of noncompliance. Collins, 766 F.2d 841, 845-46 (4th Cir. also Thomas v. Arn, 474 U.S. 140 (1985). Wright v. 1985); see Gibson has waived appellate review by failing to file specific objections 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 this court and argument would not aid the decisional process. AFFIRMED 2

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