U.S. Court of Appeals for the Fourth Circuit, 2015

Mayron Gilree v. Cecelia Reynolds

Mayron Gilree v. Cecelia Reynolds
U.S. Court of Appeals for the Fourth Circuit · Decided August 25, 2015 · Duncan, Keenan, Per Curiam, Wynn
613 F. App'x 240

Mayron Gilree v. Cecelia Reynolds

Opinion

Dismissed by unpublished PER CURIAM opinion.

. Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Mayron R. Gilree seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Gilree 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Gilree has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we deny a certificate of appealability and dismiss the appeal.

We dispense with oral argument because the facts and legal contentions are ade *241 quately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

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