UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6711
R. JAMES MILLER, JR.,
Petitioner – Appellant,
v.
NENA WALKER-STALEY, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. R. Bryan Harwell, District Judge.
(1:15-cv-01959-RBH)
Submitted: October 11, 2016 Decided: October 24, 2016
Before WILKINSON, MOTZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert James Miller, Jr., Appellant Pro Se. James Anthony
Mabrey, Assistant Attorney General, Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert James Miller, Jr., 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
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). Miller has waived appellate
review by failing to file objections after being provided proper
notice at his address of record. 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
this court and argument would not aid the decisional process.
DISMISSED
2