UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6503
DEDRIC DEVON SHERROD,
Petitioner – Appellant,
v.
SIR HAROLD W. CLARKE, Director, Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:12-cv-00174-RBS-TEM)
Submitted: October 22, 2013 Decided: October 24, 2013
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dedric Devon Sherrod, Appellant Pro Se. Leah A. Darron, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dedric Devon Sherrod seeks to appeal the district
court’s order denying relief on 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 Sherrod that 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).
Sherrod has waived appellate review by failing to file specific
objections after receiving proper notice. Accordingly, we deny
a certificate of appealability and dismiss the appeal.
We deny leave to proceed in forma pauperis. 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
2