Dedric Sherrod v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999093931-2] Originating case number: 2:12-cv-00174-RBS-TEM. Copies to all parties and the district court/agency. [999225520]. Mailed to: Dedric Sherrod. [13-6503]

Appeal: 13-6503

Doc: 10

Filed: 10/24/2013

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6503

DEDRIC DEVON SHERROD,
Petitioner – Appellant,
v.
SIR HAROLD W.
Corrections,

CLARKE,

Director,

Virginia

Department

of

Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Rebecca Beach Smith, Chief
District Judge. (2:12-cv-00174-RBS-TEM)

Submitted:

October 22, 2013

Decided:

October 24, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dedric Devon Sherrod, Appellant Pro Se. Leah A. Darron, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-6503

Doc: 10

Filed: 10/24/2013

Pg: 2 of 2

PER CURIAM:
Dedric
court’s

order

petition.

Devon

denying

Sherrod
relief

seeks

on

to

his

28

appeal
U.S.C.

the

district

§ 2254

(2006)

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 Sherrod that failure to file timely objections to
this recommendation could waive appellate review of a district
court order based upon the recommendation.
The
magistrate

timely

judge’s

filing

of

recommendation

specific
is

objections

necessary

to

to

a

preserve

appellate review of the substance of that recommendation when
the

parties

have

noncompliance.
Cir.

1985);

been

warned

of

the

consequences

of

Wright v. Collins, 766 F.2d 841, 845-46 (4th
see

also

Thomas v.

Arn,

474

U.S.

140

(1985).

Sherrod has waived appellate review by failing to file specific
objections after receiving proper notice.

Accordingly, we deny

a certificate of appealability and dismiss the appeal.
We
dispense

deny

with

contentions

are

leave

oral

to

proceed

argument

adequately

in

because

presented

in

forma
the
the

pauperis.

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

DISMISSED
2