UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-2098
BLAKE SANDLAIN,
Petitioner - Appellant,
v.
WARDEN, FCI MCDOWELL,
Defendant - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Bluefield. David A. Faber, Senior District Judge. (1:20-cv-00790)
Submitted: February 24, 2022 Decided: February 28, 2022
Before GREGORY, Chief Judge, and NIEMEYER and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Blake Sandlain, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Blake Sandlain appeals the district court’s order denying relief on his petition for a
writ of mandamus. The district court referred this case to a magistrate judge pursuant to
28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be denied and
advised Sandlain 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). Sandlain has waived appellate review
by failing to file objections to the magistrate judge’s recommendation after receiving
proper notice. Accordingly, we affirm the judgment of the district court. We also deny as
moot Sandlain’s motion requesting a decision in this 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.
AFFIRMED
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