Filed: May 27, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6164 JUAN D. WHITE, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Virginia Department of Corrections, 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-00221-RAJ-LRL) Submitted: May 21, 2015 Decided: May 27, 2015 Before MOTZ, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ju
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6164 JUAN D. WHITE, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Virginia Department of Corrections, 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-00221-RAJ-LRL) Submitted: May 21, 2015 Decided: May 27, 2015 Before MOTZ, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Jua..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6164
JUAN D. WHITE,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director, Virginia Department of Corrections,
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-00221-RAJ-LRL)
Submitted: May 21, 2015 Decided: May 27, 2015
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Juan Delano White, Appellant Pro Se. Donald Eldridge Jeffrey,
III, Assistant Attorney General, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Juan Delano White seeks to appeal the district court’s
order dismissing without prejudice his 28 U.S.C. § 2254 (2012)
petition as successive. 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 denying the petition
without prejudice on the ground that it was successive and
advised White that failure to file timely objections to the
findings and recommendations set forth in the report would waive
appellate review of a district court order based upon such
findings and recommendations.
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). White has waived appellate review
by failing to file objections in the district court.
Accordingly, we deny a certificate of appealability, deny leave
to proceed in forma pauperis, and dismiss the appeal.
2
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
3