The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6175
1STARR DALTON,
Petitioner – Appellant,
v.
W. VA. PAROLE BOARD; JIM RUBENSTEIN; JOE MANCHIN,
Respondents – Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph R. Goodwin,
Chief District Judge. (2:08-cv-01218)
Submitted: June 24, 2010 Decided: June 30, 2010
Before DUNCAN, AGEE, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
1Starr Dalton, Appellant Pro Se. Charles Patrick Houdyschell,
Jr., Charleston, West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
1Starr Dalton seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2006) petition.
The district court referred this case to a magistrate judge
pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2010).
The magistrate judge recommended that relief be denied and
advised Dalton 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 (1985). Dalton
has waived appellate review by failing to file objections to the
magistrate judge’s proposed findings and recommendation 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 adequately presented in the materials
before the court and argument would not aid the decisional
process.
DISMISSED
2