James Brown v. Leslie Fleming
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cv-00510-REP-RCY Copies to all parties and the district court/agency. . Mailed to: J Brown. [16-7271]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JAMES HENRY BROWN,
Petitioner - Appellant,
LESLIE J. FLEMING,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:15-cv-00510-REP-RCY)
January 17, 2017
January 20, 2017
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Henry Brown, Appellant Pro Se. Katherine Quinlan Adelfio,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
Unpublished opinions are not binding precedent in this circuit.
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James Henry Brown seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 (2012) petition.
court referred this case to a magistrate judge pursuant to 28
U.S.C. § 636(b)(1)(B) (2012).
The magistrate judge recommended
that the petition be dismissed and advised Brown that failure to
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).
Brown has waived appellate review by failing to
file objections after receiving proper notice.
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.
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