Kenneth Huckabee v. Chip Stevenson

U.S. Court of Appeals for the Fourth Circuit
Kenneth Huckabee v. Chip Stevenson, 671 F. App'x 76 (4th Cir. 2016)

Kenneth Huckabee v. Chip Stevenson

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kenneth Lee Huckabee seeks to appeal the district court’s order denying relief on 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 Huckabee that failure to file timely objections to this recommendation could waive appellate review of a district *77 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). Huckabee has waived appellate review by failing to timely file objections. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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
Kenneth Lee HUCKABEE, Petitioner-Appellant, v. Warden Chip STEVENSON, Respondent-Appellee
Status
Unpublished