Filed: Dec. 23, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7256 SHERMAN B. JENKINS, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:13-cv-00564-AWA-TEM) Submitted: December 18, 2014 Decided: December 23, 2014 Before SHEDD, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Sherman B. Jenk
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7256 SHERMAN B. JENKINS, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:13-cv-00564-AWA-TEM) Submitted: December 18, 2014 Decided: December 23, 2014 Before SHEDD, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Sherman B. Jenki..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7256
SHERMAN B. JENKINS,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Arenda L. Wright Allen,
District Judge. (2:13-cv-00564-AWA-TEM)
Submitted: December 18, 2014 Decided: December 23, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sherman B. Jenkins, Appellant Pro Se. Benjamin Hyman Katz,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sherman B. Jenkins seeks to appeal the district
court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012)
petition. 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 the petition be dismissed and
advised Jenkins 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. Wright v. Collins,
766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn,
474 U.S. 140 (1985).
Jenkins has waived appellate review by failing to file
objections. Accordingly, we deny a certificate of
appealability, deny leave to proceed in forma pauperis, 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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