Alex Dinkins v. Harold Clarke

U.S. Court of Appeals for the Fourth Circuit
Alex Dinkins v. Harold Clarke, 594 F. App'x 138 (4th Cir. 2015)

Alex Dinkins v. Harold Clarke

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Alex Dinkins appeals the district court’s order dismissing his 28 U.S.C. § 2254 (2012) petition. The district court referred *139 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 Dinkins 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 Thomas v. Am, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Din-kins has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we grant leave to proceed in forma pauperis and 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
Alex M. DINKINS, Petitioner-Appellant, v. Harold W. CLARKE, Respondent-Appellee
Status
Unpublished