UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6046
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT DWAYNE EARLY, a/k/a Dollar Rob,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:08-cr-00041-GEC-RSB-3; 7:11-cv-80341-GEC-
RSB)
Submitted: May 8, 2013 Decided: May 22, 2013
Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Dwayne Early, 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Unpublished opinions are not binding precedent in this circuit.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:
Robert Dwayne Early seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255
(West Supp. 2012) motion. 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 Early that the 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).
Early has waived appellate review by failing to file 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
before this court and argument would not aid the decisional
process.
DISMISSED
2