Teresa Miller v. State of West Virginia

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to admit additional evidence [999932999-2], denying Motion for disclosure of presentence report [999932997-2] Originating case number: 2:16-cv-00007-JPB-RWT Copies to all parties and the district court/agency. [999973127]. Mailed to: T Miller. [16-6995]

Appeal: 16-6995

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Filed: 11/22/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6995

TERESA MILLER,
Petitioner - Appellant,
v.
STATE OF WEST VIRGINIA,
Respondent - Appellee.

Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
District Judge. (2:16-cv-00007-JPB-RWT)

Submitted:

November 17, 2016

Before GREGORY,
Judges.

Chief

Judge,

Decided:

and

MOTZ

and

November 22, 2016

TRAXLER,

Circuit

Dismissed by unpublished per curiam opinion.

Teresa Miller, Appellant Pro Se.
Laura Young, OFFICE OF THE
ATTORNEY GENERAL, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6995

Doc: 13

Filed: 11/22/2016

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PER CURIAM:
Teresa Miller seeks to appeal the district court’s order
denying relief on her 28 U.S.C. § 2254 (2012) petition.

The

district court referred this case to a magistrate judge pursuant
to

28

U.S.C.

recommended

§ 636(b)(1)(B)

that

relief

(2012).

be

denied

The

and

magistrate

advised

judge

Miller

that

failure to file timely objections to this recommendation could
waive appellate review of a district court order based upon the
recommendation.
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,

see

766

F.2d

841,

845-46

Thomas v. Arn, 474 U.S. 140 (1985).
review

by

notice.
additional

failing

to

file

Accordingly,
evidence

we

and

(4th

for

1985);

also

Miller has waived appellate

objections
deny

Cir.

after

Miller’s

disclosure

receiving
motions

of

the

to

proper
admit

presentence

report, deny a certificate of appealability, and dismiss the
appeal.
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
2