UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6005
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BENJAMIN LUEVANO BELTRAN, a/k/a Benji Beltran,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg. Norman K. Moon, District
Judge. (6:07-cr-00012-nkm-mfu-1; 6:08-cv-80119-nkm-mfu)
Submitted: April 22, 2010 Decided: April 27, 2010
Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Benjamin Luevano Beltran, Appellant Pro Se. Donald Ray
Wolthuis, Assistant United States Attorney, Roanoke, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Benjamin Luevano Beltran seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2009) motion. The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006).
The magistrate judge recommended that relief be denied and
advised Beltran that the failure to file timely objections to
this recommendation could waive appellate review of a district
court order based upon the recommendation. Despite this
warning, Beltran failed to object to the magistrate judge’s
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).
Beltran has waived appellate review by failing to timely file
specific objections 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
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before the court and argument would not aid the decisional
process.
DISMISSED
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