English v. Warden, Broad River Correctional Institution

U.S. Court of Appeals for the Fourth Circuit
English v. Warden, Broad River Correctional Institution, 673 F. App'x 355 (4th Cir. 2017)

English v. Warden, Broad River Correctional Institution

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Roderick Jerome English 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 English that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation.

*356 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). English has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we deny a certificate of appealability, deny English’s pending motions, 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
Roderick ENGLISH, Petitioner-Appellant, v. WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION, Respondent-Appellee
Status
Unpublished