UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6448
MILFORD WASHINGTON,
Petitioner – Appellant,
v.
HAROLD W. CLARKE, Director of Virginia Department of
Corrections,
Respondent – Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:10-cv-00100-RBS-TEM)
Submitted: July 21, 2011 Decided: July 25, 2011
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Milford Washington, Appellant Pro Se. Mark R. Davis, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Milford Washington 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.
2011). The magistrate judge recommended that relief be denied
and advised Washington that failure to file timely objections to
this recommendation would 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. See Wright v. Collins, 766 F.2d
841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S.
140 (1985). Washington has waived appellate review by failing
to file timely objections with the district court 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 the court and argument would
not aid the decisional process.
DISMISSED
2