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UNPUBLISHED PER CURIAM OPINION filed.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. [1000007298]. Mailed to: J Brown. [16-7271]

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Appeal: 16-7271 Doc: 10 Filed: 01/20/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7271 JAMES HENRY BROWN, Petitioner - Appellant, v. LESLIE J. FLEMING, Respondent - Appellee.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) Submitted: January 17, 2017 Decided: 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 Dismissed by unpublished per curiam opinion.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, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7271 Doc: 10 Filed: 01/20/2017 Pg: 2 of 2 PER CURIAM: James Henry Brown seeks to appeal the district court’s order accepting the recommendation of the magistrate dismissing his 28 U.S.C. § 2254 (2012) petition. judge and The district 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 file timely appellate objections review of a to this district recommendation court order could based waive 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, 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. Accordingly, we 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

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