Bobby Setzer, Jr. v. Harold Clarke

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7035

BOBBY CLIFTON SETZER, JR.,

Petitioner – Appellant,

v.

HAROLD W. CLARKE,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:15-cv-00517-RAJ-RJK)

Submitted: November 17, 2016 Decided: November 22, 2016

Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit
Judges.

Dismissed by unpublished per curiam opinion.

Bobby Clifton Setzer, Jr., Appellant Pro Se. Donald Eldridge
Jeffrey, III, Assistant Attorney General, Richmond, Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Bobby Clifton Setzer, Jr., seeks to appeal the district

court’s order denying relief on his 28 U.S.C. § 2254 (2012)

petition. The district court referred this case to a magistrate

judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The

magistrate judge recommended that relief be denied and advised

Setzer 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). Setzer has waived appellate

review by failing to file objections. Accordingly, we deny a

certificate of appealability, deny leave to proceed in forma

pauperis, 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