The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7271
JAMES HENRY BROWN,
Petitioner - Appellant,
v.
LESLIE J. FLEMING,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:15-cv-00510-REP-RCY)
Submitted: January 17, 2017 Decided: January 20, 2017
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Henry Brown, Appellant Pro Se. Katherine Quinlan Adelfio,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Henry Brown seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and
dismissing 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 the petition be dismissed 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 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 by failing to
file objections 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 this
court and argument would not aid the decisional process.
DISMISSED
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