Jeffrey Anderson v. FCI Williamsburg Warden Cruz

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7172 JEFFREY ANDERSON, Petitioner - Appellant, v. FCI WILLIAMSBURG WARDEN CRUZ, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. Bruce H. Hendricks, District Judge. (9:14-cv-01656-BHH) Submitted: October 21, 2014 Decided: October 24, 2014 Before SHEDD, DUNCAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Jeffrey Anderson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jeffrey Anderson, a federal prisoner, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2241 (2012) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Anderson 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). Anderson has waived appellate review by failing to file objections. Accordingly, we deny leave to proceed in forma pauperis 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 2