Anthony Robles-Telas v. Warden Terry O'Brien

U.S. Court of Appeals for the Fourth Circuit
Anthony Robles-Telas v. Warden Terry O'Brien, 585 F. App'x 291 (4th Cir. 2014)

Anthony Robles-Telas v. Warden Terry O'Brien

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Robles-Telas, a federal prisoner, appeals the-district court’s order denying relief on his 28 U.S.C. § 2241 (2012) habeas petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 686(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Robles-Telas that failure to file timely 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 485 (1985). Robles-Telas has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. We deny Robles-Telas’ motion for transcripts at Government expense.

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
Anthony ROBLES-TELAS, Petitioner-Appellant, v. Warden Terry O’BRIEN, Respondent-Appellee
Status
Unpublished