Ivette Echenique v. Convergys

473 F. App'x 323

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 30, 2012
• Docket: 11-2421
• Status: Unpublished

Opinion

PER CURIAM:

Ivette Echenique appeals from the district court’s order accepting the recommendation of the magistrate judge and dismissing her employment discrimination action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Echenique v. Convergys, No. 3:11-cv-00147-RJC-DCK, 2011 WL 6082708 (W.D.N.C. Dec. 5, 2011). To the extent that Echenique seeks to present new evidence on appeal, we decline to consider it. See Phonometrics, Inc. v. Westin Hotel Co., 819 F.3d 1328, 1333 (Fed.Cir. 2003) (“We, as a court of review, generally do not consider evidence that has not been considered by the district court.”); Theriot v. Parish of Jefferson, 185 F.3d 477, 491 n. 26 (5th Cir.1999) (“An appellate court may not consider new evidence furnished for the first time on appeal.”). We deny Eehenique’s motion for transcripts and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.