Brian L. Brown v. Terry O'Brien
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999187632-2] Originating case number: 1:12-cv-00032-IMK-JSK Copies to all parties and the district court/agency. [999245612]. Mailed to: Brown. [13-6940]
Appeal: 13-6940
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UNPUBLISHED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
Before WYNN and
Circuit Judge.
FLOYD,
Circuit
Decided: November 22, 2013
Judges,
and
HAMILTON,
Senior
Affirmed by unpublished per curiam opinion.
Brian L. Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Brian
L.
Brown
appeals
the
district
court’s
order
accepting the recommendation of the magistrate judge and denying
relief
on
his
petition.
28
U.S.C.A.
§ 2241
(West
2006
&
Supp.
2013)
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
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
noncompliance.
have
been
warned
of
the
consequences
of
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.
we
grant
leave
to
proceed
in
forma
judgment of the district court.
Accordingly, although
pauperis,
we
affirm
the
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
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presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED
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