Oxendine v. Lee ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6510
JIMMY RAY OXENDINE,
Petitioner - Appellant,
versus
RANDALL LEE, Superintendent, Caledonia
Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, Senior
District Judge. (1:06-cv-00355-WLO)
Submitted: August 23, 2007 Decided: August 29, 2007
Before WILLIAMS, Chief Judge, and WILKINS and HAMILTON, Senior
Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jimmy Ray Oxendine, Appellant Pro Se. Clarence Joe DelForge, III,
Mary Carla Hollis, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jimmy Ray Oxendine seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2000) petition. 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 Oxendine 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, Oxendine 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). Oxendine 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 before
the court and argument would not aid the decisional process.
DISMISSED
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