# Brian L. Brown v. Terry O'Brien

> Court of Appeals for the Fourth Circuit · November 22, 2013 · 546 F. App'x 316

URL: https://www.frixlaw.com/law-library/cases/2643734

## Case

- **Full name:** Brian L. BROWN, Petitioner-Appellant, v. Terry O’BRIEN, Respondent-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** November 22, 2013
- **Citations:** 546 F. App'x 316
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Wynn, Floyd, Hamilton
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2643734

## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6940

BRIAN L. BROWN,

Petitioner - Appellant,

v.

TERRY O’BRIEN,

Respondent - Appellee.

Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley,
District Judge. (1:12-cv-00032-IMK-JSK)

Submitted: November 19, 2013 Decided: November 22, 2013

Before WYNN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Brian L. Brown, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Brian L. Brown appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2013)

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.

2013). The magistrate judge recommended that relief be denied

and advised Brown that failure to file timely objections to this

recommendation could waive appellate review of a district court

order based upon the recommendation. The district court granted

Brown multiple extensions of time to file objections, but Brown

filed none.

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). Brown

has waived appellate review of his claims by failing to file

objections after receiving proper notice. Accordingly, although

we grant leave to proceed in forma pauperis, we affirm the

judgment of the district court. Brown v. O’Brien, No. 1:12-cv-

00032-IMK-JSK (N.D.W. Va. Feb. 5, 2013). We dispense with oral

argument because the facts and legal contentions are adequately

2
presented in the materials before this court and argument would

not aid the decisional process.

AFFIRMED

3

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2643734. Public record. Not legal advice.