Hunt v. North Carolina Department of Public Safety , 688 F. App'x 232 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7660
MICHAEL HARRISON HUNT, JR.,
Petitioner - Appellant,
v.
NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY,
Respondent - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. William L. Osteen, Jr., Chief District Judge. (1:16-cv-01156-WO-LPA)
Submitted: April 27, 2017 Decided: May 9, 2017
Before TRAXLER, DUNCAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Harrison Hunt, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Harrison Hunt 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
dismissing the petition as successive and advised Hunt 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). Hunt 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