UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6399
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAINE DONNELL BANKS,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:07-cr-00157-1; 1:10-cv-00276)
Submitted: July 18, 2013 Decided: July 23, 2013
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jermaine Donnell Banks, Appellant Pro Se. Gary L. Call, Steven
Loew, Assistant United States Attorneys, Charleston, West
Virginia; Miller A. Bushong, III, OFFICE OF THE UNITED STATES
ATTORNEY, Beckley, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jermaine Donnell Banks seeks to appeal the denial of
relief on his 28 U.S.C.A. § 2255 (West Supp. 2013) motion. The
district court referred this case to a magistrate judge pursuant
to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2013). The
magistrate judge recommended that relief be denied and advised
Banks 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). Banks
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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