Melanie Kelley v. Edward Saleeby, Jr., No. 08-2045 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2045 MELANIE KELLEY, Plaintiff - Appellant, v. EDWARD E. SALEEBY, JR.; DEBBIE J. FREEMAN; HARRIET E. WILMETH; CARL A. SALEEBY; LISA COHEN, a/k/a Lisa A. Kinon; GERALD MALLOY; JAMIE MURDOCK; MARVIN C. LAWSON; CHERYL TURNER HOPKINS; TURNER PADGET GRAHAM & LANEY; JOHNNY JUNIOR MITCHELL, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:08-cv-00639-RBH) Submitted: November 20, 2008 Decided: November 25, 2008 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Melanie Kelley, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Melanie Kelley appeals dismissing her complaint. to a magistrate (2000). judge the district court s order The district court referred this case pursuant to 28 U.S.C. ยง 636(b)(1)(B) The magistrate judge recommended that relief be denied and advised Kelley that failure to file timely objections to this recommendation could waive appellate review of a district court order warning, based Kelley upon failed the to recommendation. object to the Despite magistrate this judge s 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 been warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th noncompliance. Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Kelley has waived appellate review by failing to timely file specific objections affirm after the receiving judgment Kelley s motion for dispense with oral of a proper the district transcript argument notice. at because Accordingly, court. We government the also expense. facts and we deny We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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