US v. Elijah Paschelke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 3:07-cr-00097-JPB-JSK-2,3:11-cv-00077-JPB-JSK Copies to all parties and the district court/agency. [999423135]. Mailed to: Elijah Paschelke. [14-6895]

Appeal: 14-6895

Doc: 7

Filed: 08/26/2014

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6895

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ELIJAH BEN PASCHELKE,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge.
(3:07-cr-00097-JPB-JSK-2; 3:11-cv-00077JPB-JSK)

Submitted:

August 21, 2014

Decided:

August 26, 2014

Before SHEDD, AGEE, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Elijah Ben Paschelke, Appellant Pro Se.
Jarod James Douglas,
Assistant United States Attorney, Martinsburg, West Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-6895

Doc: 7

Filed: 08/26/2014

Pg: 2 of 2

Ben

seeks

PER CURIAM:
Elijah
court’s

order

motion.

Paschelke

denying

relief

on

to

his

appeal

28

the

U.S.C.

district

§ 2255

(2012)

The district court referred this case to a magistrate

judge

pursuant

The magistrate

to

28

judge

U.S.C.

recommended

§ 636(b)(1)(B)

that

relief

be

(2012).

denied

and

advised Paschelke that the 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

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.

Paschelke

Collins,

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
before

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED
2