Filed: Sep. 27, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6824 ENRIQUE MARTINEZ, Petitioner – Appellant, v. WARDEN ATKINSON, Kenny, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. G. Ross Anderson, Jr., Senior District Judge. (5:13-cv-00559-GRA) Submitted: September 24, 2013 Decided: September 27, 2013 Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per c
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6824 ENRIQUE MARTINEZ, Petitioner – Appellant, v. WARDEN ATKINSON, Kenny, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. G. Ross Anderson, Jr., Senior District Judge. (5:13-cv-00559-GRA) Submitted: September 24, 2013 Decided: September 27, 2013 Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per cu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6824
ENRIQUE MARTINEZ,
Petitioner – Appellant,
v.
WARDEN ATKINSON, Kenny,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. G. Ross Anderson, Jr., Senior
District Judge. (5:13-cv-00559-GRA)
Submitted: September 24, 2013 Decided: September 27, 2013
Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Enrique Martinez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Enrique Martinez appeals the district court’s orders
accepting the recommendation of the magistrate judge and denying
relief on Martinez’s 28 U.S.C. § 2241 (2006) petition and his
Fed. R. Civ. P. 59(e) motion. We have reviewed the record and
find no reversible error. The district court referred this case
to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B)
(West 2006 & Supp. 2013). The magistrate judge recommended that
relief be denied and advised Martinez that failure to file
timely, specific objections to this recommendation could waive
appellate review of a district court order based upon the
recommendation. Despite this warning, Martinez only filed
non-specific objections and failed to file specific objections
to the magistrate judge’s 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).
Martinez has waived appellate review of his claims by failing to
file specific objections after receiving proper notice.
Accordingly, we affirm the judgment of the district
court. We dispense with oral argument because the facts and
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legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED
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