Dwight Simpkins v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999423297-2]; denying Motion for transcript at government expense [999423302-2]; denying for certificate of appealability Originating case number: 2:13-cv-00610-RBS-LRL Copies to all parties and the district court/agency. [999499236]. Mailed to: D. Simpkins. [14-7194]

Appeal: 14-7194

Doc: 13

Filed: 12/23/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7194

DWIGHT G. SIMPKINS,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director of the Virginia Department of
Corrections,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Rebecca Beach Smith, Chief
District Judge. (2:13-cv-00610-RBS-LRL)

Submitted:

December 18, 2014

Decided:

December 23, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dwight G. Simpkins, Appellant Pro Se.
Steven Andrew Witmer,
Senior Assistant Attorney General, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-7194

Doc: 13

Filed: 12/23/2014

Pg: 2 of 3

PER CURIAM:
Dwight

G.

Simpkins

seeks

to

appeal

the

district

court’s order denying relief on his 28 U.S.C. § 2254 (2012)
petition, and he has filed an application to proceed in forma
pauperis, as well as a motion for a transcript at government
expense.

The district court referred this case to a magistrate

judge, pursuant to 28 U.S.C. § 636(b)(1)(B)-(C) (2012).

The

magistrate judge recommended that the petition be dismissed as
untimely and advised Simpkins that the failure to file timely
specific objections to this recommendation would 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

noncompliance.

have

been

warned

of

the

consequences

of

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

416 F.3d 310, 315-16 (4th Cir. 2005); Wright v. Collins, 766
F.2d 841, 845-46 (4th Cir. 1985).

Simpkins has waived appellate

review by failing to file specific and relevant objections after
receiving

proper

notice. *

Accordingly,

*

we

deny

Simpkins’

In addition, Simpkins’ informal brief merely restates his
habeas claims and does not address the district court’s
dispositive procedural rulings.
Thus, Simpkins has also
forfeited appellate review of the dispositive rulings. See 4th
Cir. R. 34(b) (limiting review to the issues raised in the
(Continued)
2

Appeal: 14-7194

Doc: 13

Filed: 12/23/2014

application

for

in

forma

transcript

at

government

Pg: 3 of 3

pauperis

status

expense,

and

deny

motion

for

certificate

a

his

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

informal brief); Edwards v. City of Goldsboro, 178 F.3d 231, 241
n.6 (4th Cir. 1999) (holding that failure to raise issue in
opening brief constitutes abandonment of that issue).

3