Brian L. Brown v. Terry O'Brien ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6940
BRIAN L. BROWN,
Petitioner - Appellant,
v.
TERRY O’BRIEN,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley,
District Judge. (1:12-cv-00032-IMK-JSK)
Submitted: November 19, 2013 Decided: November 22, 2013
Before WYNN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Brian L. Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brian L. Brown appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2013)
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.
2013). The magistrate judge recommended that relief be denied
and advised Brown that failure to file timely objections to this
recommendation could waive appellate review of a district court
order based upon the recommendation. The district court granted
Brown multiple extensions of time to file objections, but Brown
filed none.
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). Brown
has waived appellate review of his claims by failing to file
objections after receiving proper notice. Accordingly, although
we grant leave to proceed in forma pauperis, we affirm the
judgment of the district court. Brown v. O’Brien, No. 1:12-cv-
00032-IMK-JSK (N.D.W. Va. Feb. 5, 2013). We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED
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