Alonzo Harris v. Bryan Antonelli ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7093
ALONZO HORACE HARRIS,
Petitioner - Appellant,
v.
BRYAN M. ANTONELLI, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at
Wheeling. John Preston Bailey, District Judge. (5:20-cv-00055-JPB)
Submitted: February 18, 2021 Decided: February 22, 2021
Before NIEMEYER, KING, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Alonzo Horace Harris, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alonzo Horace Harris appeals the district court’s order accepting the
recommendation of the magistrate judge and dismissing without prejudice Harris’ 28
U.S.C. § 2241 petition related to his 2013 federal convictions. The district court referred
this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge
recommended that relief be denied and advised Harris that failure to file timely, specific
objections to this recommendation would waive appellate review of a district court order
based on the recommendation. Harris filed no objections.
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. Martin v. Duffy, 858
F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see
also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Harris has waived appellate review by
failing to file objections to the magistrate judge’s recommendation after receiving proper
notice.
Accordingly, we affirm the judgment of the district court. 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.
AFFIRMED
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