Robert Mitchell v. Warden of Broad River

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 4:13-cv-00470-CMC Copies to all parties and the district court/agency. [999161755]. Mailed to: Mitchell. [13-6816]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6816

ROBERT L. MITCHELL, a/k/a Robert Lee Mitchell, a/k/a Robert
Mitchell,
Petitioner - Appellant,
v.
WARDEN OF BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent - Appellee,
and
BILL BYARS, Director SC Dept of Corrections,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Cameron McGowan Currie, District
Judge. (4:13-cv-00470-CMC)

Submitted:

July 25, 2013

Decided:

July 30, 2013

Before GREGORY, DAVIS, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert L. Mitchell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert
court’s

order

L.

dismissing

(2006) petition.
magistrate

Mitchell
as

be

timely

and

to

appeal

successive

his

28

the

district

U.S.C.

§ 2254

The district court referred this case to a

judge

pursuant

(West 2006 & Supp. 2013).
relief

seeks

denied

and

specific

to

28

U.S.C.A.

§ 636(b)(1)(B)

The magistrate judge recommended that

advised

Mitchell

objections

to

that

this

failure

to

recommendation

file
could

waive appellate review of a district court order based upon the
recommendation.
The
magistrate

timely

judge’s

filing

of

specific

recommendation

is

objections

necessary

to

to

a

preserve

appellate review of the substance of that recommendation when
the

parties

have

been

warned

of

the

consequences

of

noncompliance.

Diamond v. Colonial Life & Accident Ins. Co.,

416

315-16

F.3d

766 F.2d

310,
841,

845-46

(4th
(4th

Cir.
Cir.

2005);

1985).

Wright

v.

Mitchell

Collins,

has

waived

appellate review of the district court’s order by failing to
file objections to the magistrate judge’s 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

2

presented

in

the

materials

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before

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this

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court

and

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argument

would

not

aid

the

decisional

process.

DISMISSED

3