Henry Green v. Cecilia Reynolds

U.S. Court of Appeals for the Fourth Circuit
Henry Green v. Cecilia Reynolds, 671 F. App'x 70 (4th Cir. 2016)

Henry Green v. Cecilia Reynolds

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Henry Green 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 Green 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 *71 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). Green has waived appellate review by failing to timely file objections after receiving proper notice. Moreover, the district court’s subsequent consideration of the objections “cannot cure the failure to properly and timely object.” Massey v. Ojaniit, 759 F.3d 343, 352 (4th Cir. 2014). Accordingly, we deny a certificate of appealability and dismiss the appeal.

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.

DISMISSED

Reference

Full Case Name
Henry GREEN, Petitioner-Appellant, v. Cecilia REYNOLDS, Warden, Respondent-Appellee
Status
Unpublished