UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6995
TERESA MILLER,
Petitioner - Appellant,
v.
STATE OF WEST VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. John Preston Bailey,
District Judge. (2:16-cv-00007-JPB-RWT)
Submitted: November 17, 2016 Decided: November 22, 2016
Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Teresa Miller, Appellant Pro Se. Laura Young, OFFICE OF THE
ATTORNEY GENERAL, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Teresa Miller seeks to appeal the district court’s order
denying relief on her 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 Miller 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 receiving proper
notice. Accordingly, we deny Miller’s motions to admit
additional evidence and for disclosure of the presentence
report, 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