Nathaniel Moone v. Harold Clarke

USCA4 Appeal: 23-6284 Doc: 10 Filed: 09/01/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6284
NATHANIEL HOWARD MOONE,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director, Virginia Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Arenda L. Wright Allen, District Judge. (2:22-cv-00135-AWA-DEM)
Submitted: August 29, 2023 Decided: September 1, 2023
Before KING, AGEE, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Nathaniel Howard Moone, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6284 Doc: 10 Filed: 09/01/2023 Pg: 2 of 2
PER CURIAM:
Nathaniel Howard Moone seeks to appeal the district court’s order denying relief
on his 28 U.S.C. § 2254 petition. 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 Moone 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. 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). Moone forfeited appellate review by
failing to file timely 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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