UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1356
JAY H. LEE, a/k/a Jay Hwan Lee, a/k/a Jung Hwan Lee, a/k/a
Jay Lee; CHARLY J. LEE; JULIE R. LEE,
Plaintiffs – Appellants,
v.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) and Individuals
and Households Program Officer; CINDY PREAST, Executive
Director of Housing Authority of the City of Bluefield,
1600 Hill Avenue, Bluefield, WV 24701; HOUSING AUTHORITY OF
THE CITY OF BLUEFIELD; GWENDOLYN DOWELL, Section 8
Coordinator, Housing Authority of City of Bluefield, 1600
Hill Avenue, Bluefield, WV 24701; MARK TAYLOR, President
and Executive Director of West Virginia Association of
Housing Agencies, 911 Michael Avenue, Charleston, WV 25312;
WEST VIRGINIA ASSOCIATION OF HOUSING AGENCIES,
Defendants - Appellees.
No. 10-1426
JAY H. LEE, a/k/a Jay Hwan Lee, a/k/a Jung Hwan Lee, a/k/a
Jay Lee; CHARLY J. LEE; JULIE R. LEE,
Plaintiffs – Appellants,
v.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) and Individuals
and Households Program Officer; CINDY PREAST, Executive
Director of Housing Authority of the City of Bluefield,
1600 Hill Avenue, Bluefield, WV 24701; HOUSING AUTHORITY OF
THE CITY OF BLUEFIELD; GWENDOLYN DOWELL, Section 8
Coordinator, Housing Authority of City of Bluefield, 1600
Hill Avenue, Bluefield, WV 24701; MARK TAYLOR, President
and Executive Director of West Virginia Association of
Housing Agencies, 911 Michael Avenue, Charleston, WV 25312;
WEST VIRGINIA ASSOCIATION OF HOUSING AGENCIES,
Defendants - Appellees.
Appeals from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:09-cv-00028; 1:09-cv-00210)
Submitted: November 23, 2010 Decided: December 28, 2010
Before MOTZ, GREGORY, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jay H. Lee, Charly J. Lee, Julie R. Lee, Appellants Pro Se.
Kelly Rixner Curry, J. Christopher Krivonyak, Assistant United
States Attorneys, Charleston, West Virginia; Kevin A. Nelson,
HUDDLESTON & BOLEN, LLP, Charleston, West Virginia; Michelle
Piziak, STEPTOE & JOHNSON, LLP, Charleston, West Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jay H. Lee, Charly J. Lee, and Julie R. Lee
(“Appellants”) appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on
their civil complaint and outstanding motions alleging housing
discrimination by federal, state, and local agencies and their
respective employees. * The district court referred this case to
a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West
2006 & Supp. 2010). The magistrate judge recommended that
relief be denied and advised Appellants 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. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).
Appellants have waived appellate review by failing to properly
*
In appeal No. 10-1356, Appellants identify the order
appealed from as dated March 8, 2010, and later reference an
order dated March 11, 2010; however, we found no orders entered
on those dates.
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file specific objections after receiving proper notice.
Accordingly, we affirm the judgment of the district court. We
grant the Lees’ motion for access to the restricted access
document filed by them and deny their motions to seal and for
mandamus.
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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