Michael Harrison Hunt, Jr. v. N.C. Dept. of Public Safety


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999986776-2] Originating case number: 1:16-cv-01156-WO-LPA Copies to all parties and the district court/agency. [1000078253]. Mailed to: Michael Harrison Hunt Jr.. [16-7660]

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Appeal: 16-7660 Doc: 14 Filed: 05/09/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7660 MICHAEL HARRISON HUNT, JR., Petitioner - Appellant, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:16-cv-01156-WO-LPA) Submitted: April 27, 2017 Before TRAXLER, DUNCAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Harrison Hunt, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Decided: May 9, 2017 Appeal: 16-7660 Doc: 14 Filed: 05/09/2017 Pg: 2 of 2 PER CURIAM: Michael Harrison Hunt seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition. 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 dismissing the petition as successive and advised Hunt 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, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Hunt has waived appellate review by failing to file objections. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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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