Vick v. Johnson ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7499
BOBBY CLAYTON VICK, SR.,
Petitioner - Appellant,
versus
GENE M. JOHNSON, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-04-718-2)
Submitted: March 23, 2006 Decided: March 29, 2006
Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Orlando Broccoletti, ZOBY & BROCCOLETTI, Norfolk, Virginia,
for Appellant. Steven Andrew Witmer, OFFICE OF THE ATTORNEY
GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bobby Clayton Vick, Sr., seeks to appeal the district
court’s order dismissing his petition filed under 28 U.S.C. § 2254(2000). The district court referred this case to a magistrate
judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate
judge recommended that relief be denied and advised Vick that
failure to file timely objections to this recommendation could
waive appellate review of a district court order based upon the
recommendation. Despite this warning, Vick 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. See Wells v. Shriners Hosp.,
109 F.3d 198, 199-200 (4th Cir. 1997); see also Thomas v. Arn, 474
U.S. 140 (1985). Vick 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
the court and argument would not aid the decisional process.
DISMISSED
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