# James Brown v. Leslie Fleming

> Court of Appeals for the Fourth Circuit · January 20, 2017 · 673 F. App'x 343

URL: https://www.frixlaw.com/law-library/cases/4117464

## Case

- **Full name:** James Henry BROWN, Petitioner-Appellant, v. Leslie J. FLEMING, Respondent-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** January 20, 2017
- **Citations:** 673 F. App'x 343
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Niemeyer, Traxler, King
- **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UNPUBLISHED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. 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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4117464. Public record. Not legal advice.