United States v. Demetrius Hill , 687 F. App'x 273 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7729
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEMETRIUS HILL,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. William L. Osteen, Jr., Chief District Judge. (1:12-cr-00288-WO-1; 1:16-
cv-00515-WO-LPA)
Submitted: April 25, 2017 Decided: April 28, 2017
Before MOTZ, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Demetrius Hill, Appellant Pro Se. John Mcrae Alsup, Terry Michael Meinecke, Assistant
United States Attorneys, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Demetrius Hill seeks to appeal the district court’s order denying relief on his 28
U.S.C. § 2255 (2012) motion. 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
relief be denied and advised Hill that the 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). Hill 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
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