UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7223
ALEX M. DINKINS,
Petitioner – Appellant,
v.
HAROLD W. CLARKE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Arenda L. Wright Allen,
District Judge. (2:13-cv-00517-AWA-LRL)
Submitted: February 12, 2015 Decided: February 18, 2015
Before MOTZ, WYNN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Alex M. Dinkins, Appellant Pro Se. Rosemary Virginia Bourne,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alex Dinkins appeals the district court’s order
dismissing his 28 U.S.C. § 2254 (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 Dinkins 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 Thomas v. Arn, 474 U.S. 140 (1985). Dinkins has
waived appellate review by failing to file objections after
receiving proper notice. Accordingly, we grant leave to proceed
in forma pauperis and affirm the judgment of the district court.
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.
AFFIRMED
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