United States v. Carter , 332 F. App'x 142 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6242
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY CHARLES CARTER,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:06-cr-00100-NCT-1; 1:07-cv-
00980-NCT-WWD)
Submitted: May 28, 2009 Decided: June 8, 2009
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Charles Carter, Appellant Pro Se. Patrick Auld,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Charles Carter seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2008) motion. The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006).
The magistrate judge recommended that relief be denied and
advised Carter that the failure to file timely objections to
this recommendation could waive appellate review of a district
court order based upon the recommendation. Despite this
warning, Carter failed to object to the magistrate judge’s
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). Carter
has waived appellate review by failing to timely file specific
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
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before the court and argument would not aid the decisional
process.
DISMISSED
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