United States v. Brown , 373 F. App'x 343 ( 2010 )


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  •                                 UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7392
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    WILBERT HERMAN BROWN,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.      James C. Turk, Senior
    District Judge.   (7:06-cr-00098-jct-mfu-2; 7:08-cv-80102-jct-
    mfu)
    Submitted:     March 22, 2010                  Decided:    April 7, 2010
    Before WILKINSON and       DUNCAN,   Circuit   Judges,    and   HAMILTON,
    Senior Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Wilbert Herman Brown, Appellant Pro Se. Ronald Andrew Bassford,
    Thomas Jack Bondurant, Jr., Assistant United States Attorneys,
    Roanoke, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Wilbert      Herman        Brown       seeks    to    appeal     the      district
    court’s order denying relief on his 
    28 U.S.C.A. § 2255
     (West
    Supp. 2009) 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 Brown 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,
    Brown 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).                                  Brown
    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
    2
    before   the   court   and   argument   would   not   aid   the   decisional
    process.
    DISMISSED
    3
    

Document Info

Docket Number: 09-7392

Citation Numbers: 373 F. App'x 343

Judges: Duncan, Hamilton, Per Curiam, Wilkinson

Filed Date: 4/7/2010

Precedential Status: Non-Precedential

Modified Date: 8/1/2023