UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7126
WILLIAM E. ARNOLD,
Petitioner – Appellant,
v.
KENNETH E. STOLLE, Virginia Beach Sheriff,
Respondent – Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Mark S. Davis, District
Judge. (2:10-cv-00131-MSD-TEM)
Submitted: January 19, 2011 Decided: February 9, 2011
Before KING, GREGORY, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William E. Arnold, Appellant Pro Se. Kevin Osborne Barnard,
FRITH, ANDERSON & PEAKE, PC, Roanoke, Virginia; Donald Eldridge
Jeffrey, III, Assistant Attorney General, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William E. Arnold 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. 2010).
The magistrate judge recommended that relief be denied and
advised Arnold 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). Arnold
has waived appellate review by failing to file objections.
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 the court and argument would not aid the decisional
process.
DISMISSED
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