# Dalton v. W. Va. Parole Board

> Court of Appeals for the Fourth Circuit · June 30, 2010 · 386 F. App'x 442

URL: https://www.frixlaw.com/law-library/cases/149832

## Case

- **Full name:** 1Starr DALTON, Petitioner-Appellant, v. W.VA. PAROLE BOARD; Jim Rubenstein; Joe Manchin, Respondents-Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** June 30, 2010
- **Citations:** 386 F. App'x 442
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Duncan, Agee, Davis
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/149832. Public record. Not legal advice.