Juan White v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999534407-2], updating certificate of appealability status. Originating case number: 2:14-cv-00221-RAJ-LRL. Copies to all parties and the district court/agency. [999590482]. Mailed to: Juan Delano White. [15-6164]

Appeal: 15-6164

Doc: 8

Filed: 05/27/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6164

JUAN D. WHITE,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director, Virginia Department of Corrections,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:14-cv-00221-RAJ-LRL)

Submitted:

May 21, 2015

Decided:

May 27, 2015

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Juan Delano White, Appellant Pro Se.
Donald Eldridge Jeffrey,
III,
Assistant
Attorney
General,
Richmond,
Virginia,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6164

Doc: 8

Filed: 05/27/2015

Pg: 2 of 3

PER CURIAM:
Juan

Delano

White

seeks

to

appeal

the

district

court’s

order dismissing without prejudice his 28 U.S.C. § 2254 (2012)
petition as successive.
to

a

magistrate

(2012).

judge

The district court referred this case
pursuant

to

28

U.S.C.

§

636(b)(1)(B)

The magistrate judge recommended denying the petition

without

prejudice

advised

White

on

that

the

ground

failure

to

that

file

it

was

timely

successive

objections

to

and
the

findings and recommendations set forth in the report would waive
appellate

review

of

a

district

court

order

based

upon

such

findings and recommendations.
The timely filing of specific objections to a magistrate
judge’s recommendation is necessary to preserve appellate review
of the substance of that recommendation when the parties have
been warned of the consequences of noncompliance.

Wright v.

Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas
v. Arn, 474 U.S. 140 (1985).
by

failing

to

file

White has waived appellate review

objections

in

the

district

court.

Accordingly, we deny a certificate of appealability, deny leave
to proceed in forma pauperis, and dismiss the appeal.

2

Appeal: 15-6164

Doc: 8

Filed: 05/27/2015

Pg: 3 of 3

We dispense with oral argument because the facts and legal
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3