UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6076
NAPOLEON J. RANKIN BEY,
Petitioner - Appellant,
v.
STATE OF NORTH CAROLINA,
Respondent - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, Chief District Judge. (1:20-cv-01048-TDS-JEP)
Submitted: May 20, 2021 Decided: May 25, 2021
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Napoleon J. Rankin Bey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Napoleon J. Rankin Bey seeks to appeal the district court’s order dismissing his
28 U.S.C. § 2254 petition. The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended dismissing the
petition as successive and advised Rankin Bey that failure to file timely, specific 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. Martin v. Duffy, 858
F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see
also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Rankin Bey has waived appellate review
by failing to file objections to the magistrate judge’s recommendation after receiving
proper notice.
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
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