Ivette T. Echenique v. Convergys; Onstar

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2421
IVETTE T. ECHENIQUE,
Plaintiff - Appellant,
v.
CONVERGYS; ONSTAR,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad,
Jr., Chief District Judge. (3:11-cv-00147-RJC-DCK)
Submitted: May 24, 2012 Decided: May 30, 2012
Before MOTZ and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ivette T. Echenique, Appellant Pro Se. Kevin Joseph Dalton,
Margaret Kingston, FISHER & PHILLIPS, LLP, Charlotte, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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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 (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., 319 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. Parrish 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
Echenique’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

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