Jimmy Wagoner v. Warden Berkerbil

U.S. Court of Appeals for the Fourth Circuit
Jimmy Wagoner v. Warden Berkerbil, 500 F. App'x 221 (4th Cir. 2012)
Floyd, Motz, Per Curiam, Wynn

Jimmy Wagoner v. Warden Berkerbil

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*222 PER CURIAM:

Jimmy Wagoner appeals the district court’s order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2012) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 686(b)(1)(B) (West 2006 & Supp. 2012). The magistrate judge recommended that relief be denied and advised Wagoner that failure to file timely and 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Wagoner has waived appellate review by failing to file specific objections 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.

Reference

Full Case Name
Jimmy WAGONER, Petitioner-Appellant, v. Warden BERKERBIL; Terry O’Brien, Respondents-Appellees, and Bureau of Prisons; Slone, Case Manager; Ousley, Case Manager, Respondents
Status
Unpublished