UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6777
ROGER LEE HARRELL,
Petitioner - Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:15-cv-00031-REP-RCY)
Submitted: September 9, 2015 Decided: September 14, 2015
Before SHEDD, WYNN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roger Lee Harrell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roger Lee Harrell seeks to appeal the district court’s
order denying relief on 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 Harrell 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). Harrell has waived
appellate review by failing to file objections. Accordingly, we
deny a certificate of appealability, 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