US v. Rafael Olvera
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00191-CCE-1,1:16-cv-00885-CCE-JLW,1:16-cv-01024-CCE-JLW Copies to all parties and the district court/agency. . Mailed to: R Olvera. [16-7663]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
RAFAEL GARCIA OLVERA,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
March 9, 2017
March 15, 2017
Before NIEMEYER, THACKER, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rafael Garcia Olvera, Appellant Pro Se. Randall Stuart Galyon,
OFFICE OF THE UNITED STATES ATTORNEY, Robert Michael Hamilton,
Angela Hewlett Miller, Assistant United States Attorneys,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Rafael Garcia Olvera seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.
district court referred this case to a magistrate judge pursuant
recommended that relief be denied and advised Olvera that the
failure to file timely objections to this recommendation could
waive appellate review of a district court order based upon the
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.
Thomas v. Arn, 474 U.S. 140 (1985).
Olvera has waived appellate
review by failing to file specific objections after receiving
appealability and dismiss the appeal.
We dispense with oral argument because the facts and legal
this court and argument would not aid the decisional process.
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