Morris Law Office PC v. Tatum

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 24, 2005
• Docket: 05-1241
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1241

MORRIS LAW OFFICE, P.C., A Virginia Professional Corporation,

Plaintiff - Appellee,

and

TEE ENGINEERING COMPANY, INCORPORATED, A Kentucky Corporation,

Defendant - Appellee,

versus

JAMES EDDIE TATUM; ANN TATUM,

Defendants - Appellants.

Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. James H. Michael, Jr., Senior District Judge. (CA-03-35)

Submitted: August 15, 2005 Decided: August 24, 2005

Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

James Eddie Tatum and Ann Tatum, Appellants Pro Se. Walton Davis Morris, Jr., Charlottesville, Virginia, Peter Booth Vaden, Charlottesville, Virginia; David Brian Rubinstein, Fredericksburg, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

James Eddie Tatum and Ann Tatum appeal the district

court’s order accepting the recommendation of the magistrate judge

and granting, in part, the Morris Law Office’s motion for summary

judgment and Tee Engineering’s motion for summary judgment. We

find that the Tatums failed to file timely objections to the

magistrate judge’s report and have therefore waived appellate

review of the substance of the recommendation. See Thomas v. Arn,

474 U.S. 140, 155 (1985); Wright v. Collins, 766 F.2d 841, 845-46

(4th Cir. 1985). Accordingly, we affirm the decision of the

district court. We 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

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