UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6816
ROBERT L. MITCHELL, a/k/a Robert Lee Mitchell, a/k/a Robert
Mitchell,
Petitioner - Appellant,
v.
WARDEN OF BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent - Appellee,
and
BILL BYARS, Director SC Dept of Corrections,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Cameron McGowan Currie, District
Judge. (4:13-cv-00470-CMC)
Submitted: July 25, 2013 Decided: July 30, 2013
Before GREGORY, DAVIS, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert L. Mitchell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert L. Mitchell seeks to appeal the district
court’s order dismissing as successive his 28 U.S.C. § 2254
(2006) petition. 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 Mitchell that failure to file
timely and specific 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. Diamond v. Colonial Life & Accident Ins. Co.,
416 F.3d 310, 315-16 (4th Cir. 2005); Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985). Mitchell has waived
appellate review of the district court’s order by failing to
file objections to the magistrate judge’s recommendation 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 this court and argument would not aid the decisional
process.
DISMISSED
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