Filed: Apr. 26, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6104 PETER DUDLEY ALBERTSEN, II, Petitioner - Appellant, versus VANESSA P. ADAMS, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Walter D. Kelley, Jr., District Judge. (2:04-cv-00685-WDK) Submitted: April 20, 2006 Decided: April 26, 2006 Before MICHAEL, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Peter Dudley Albertsen,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6104 PETER DUDLEY ALBERTSEN, II, Petitioner - Appellant, versus VANESSA P. ADAMS, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Walter D. Kelley, Jr., District Judge. (2:04-cv-00685-WDK) Submitted: April 20, 2006 Decided: April 26, 2006 Before MICHAEL, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Peter Dudley Albertsen, I..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6104
PETER DUDLEY ALBERTSEN, II,
Petitioner - Appellant,
versus
VANESSA P. ADAMS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Walter D. Kelley, Jr., District
Judge. (2:04-cv-00685-WDK)
Submitted: April 20, 2006 Decided: April 26, 2006
Before MICHAEL, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Peter Dudley Albertsen, II, Appellant Pro Se. George Maralan
Kelley, III, Assistant United States Attorney, Norfolk, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Peter Dudley Albertsen, II, appeals a district court
final order and judgment adopting the magistrate judge’s report and
recommendation and denying his 28 U.S.C. § 2241 (2000) petition.
The magistrate judge recommended relief be denied and advised
Albertsen that failure to file timely objections to the report
could waive appellate review of a district court order based upon
the recommendation. Despite this warning, Albertsen failed to file
objections.*
The timely filing of specific objections to a magistrate
judge’s report and recommendation is necessary to preserve
appellate review of the substance of the recommendation when the
parties have been warned of the consequences of failing to object.
See Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985); see
also Thomas v. Arn,
474 U.S. 140 (1985). Albertsen waived
appellate review by failing to file objections after receiving
proper notice. Accordingly, we affirm the district court’s
judgment. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED
1
There is no evidence in the record Albertsen informed the
court of his change of address until he filed his notice of appeal.
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