Jane Doe v. Department of Defense

USCA4 Appeal: 24-2133 Doc: 13 Filed: 03/03/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-2133 JANE DOE, Plaintiff - Appellant, v. DEPARTMENT OF DEFENSE, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Mary G. Lewis, District Judge. (0:24-mc-00573-MGL) Submitted: February 27, 2025 Decided: March 3, 2025 Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Jane Doe, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-2133 Doc: 13 Filed: 03/03/2025 Pg: 2 of 2 PER CURIAM: Jane Doe appeals the district court’s order dismissing without prejudice her civil complaint pursuant to Fed. R. Civ. P. 41(b). ∗ The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended dismissal and advised Doe that failure to file timely specific objections to this recommendation could waive appellate review of a district court order based on 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. Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Doe has forfeited appellate review by failing to file objections to the magistrate judge’s recommendation 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 ∗ The district court’s order is a final, appealable order because the court did not grant Doe leave to amend her complaint. Britt v. DeJoy, 45 F.4th 790, 796 (4th Cir. 2022) (en banc) (order). 2