U.S. Court of Appeals for the Fourth Circuit, 2016

Chas Smith v. Bryan Stirling

Chas Smith v. Bryan Stirling
U.S. Court of Appeals for the Fourth Circuit · Decided December 19, 2016 · Shedd, Duncan, Agee
671 F. App'x 196

Chas Smith v. Bryan Stirling

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Chas Lamous Smith 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 Smith 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 435 (1985). Smith has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we deny a certificate of appealability and dismiss the appeal.

*197 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

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