Filed: May 21, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6034 CASSIUS L. JONES, Petitioner - Appellant, v. HAROLD W. CLARKE, Director of the Department of Corrections for Virginia, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:14-cv-00306-RAJ-DEM) Submitted: May 19, 2015 Decided: May 21, 2015 Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Di
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6034 CASSIUS L. JONES, Petitioner - Appellant, v. HAROLD W. CLARKE, Director of the Department of Corrections for Virginia, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:14-cv-00306-RAJ-DEM) Submitted: May 19, 2015 Decided: May 21, 2015 Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Dis..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6034
CASSIUS L. JONES,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director of the Department of Corrections
for Virginia,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:14-cv-00306-RAJ-DEM)
Submitted: May 19, 2015 Decided: May 21, 2015
Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Darryl Arthur Parker, Richmond, Virginia, for Appellant. Steven
Andrew Witmer, Senior Assistant Attorney General, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cassius L. Jones seeks to appeal the district court’s order
denying relief on 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 as untimely and
advised Jones 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). Jones has waived appellate
review by failing to file objections 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
2