UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7534
ROBERT WAYNE SMITH,
Petitioner - Appellant,
v.
ROY COOPER,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:09-cv-00832-NCT-LPA)
Submitted: January 22, 2013 Decided: January 24, 2013
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Wayne Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Wayne Smith seeks to appeal the district
court’s order dismissing as successive his 28 U.S.C. § 2254
(2006) petition. The district court referred this case to a
magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West
2006 & Supp. 2012). The magistrate judge recommended that
relief be denied and advised Smith 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). Smith
has waived appellate review by failing to file objections after
receiving proper notice. Accordingly, we deny Smith’s motions
for a certificate of appealability and to file an amicus curiae
brief 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 this court and argument would not aid the decisional
process.
DISMISSED
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