United States v. Tony Bowen

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6405
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TONY CURTIS BOWEN,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, Chief District Judge. (1:14-cr-00020-TDS-1;
1:16-cv-00128-TDS-LPA)
Submitted: August 22, 2019 Decided: August 26, 2019
Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Tony Curtis Bowen, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tony Curtis Bowen seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2255 (2012) motion. 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 that
relief be denied and advised Bowen 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 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. See United States v. Midgette, 478
F.3d 616, 622 (4th Cir. 2007); see also Thomas v. Arn, 474 U.S. 140, 154-55 (1985).
Bowen has waived appellate review by failing to file objections to the magistrate judge’s
recommendation 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 this court and argument would not aid the decisional
process.
DISMISSED
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