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Carter v. Randolph County Jail, 06-6477 (2006)

Court: Court of Appeals for the Fourth Circuit Number: 06-6477 Visitors: 5
Filed: Jul. 03, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6477 MARY CARTER, Petitioner - Appellant, versus RANDOLPH COUNTY JAIL, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (1:05-cv-00268-JAB) Submitted: June 22, 2006 Decided: July 3, 2006 Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Mary Carter, Appellant Pro Se.
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 06-6477




MARY CARTER,

                                           Petitioner - Appellant,

          versus


RANDOLPH COUNTY JAIL,

                                            Respondent - Appellee.



Appeal from the United States District      Court for the Middle
District of North Carolina, at Durham.       James A. Beaty, Jr.,
District Judge. (1:05-cv-00268-JAB)


Submitted: June 22, 2006                       Decided: July 3, 2006


Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Mary Carter, Appellant Pro Se. Clarence Joe DelForge, III, NORTH
CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

          Mary Carter seeks to appeal the district court’s order

denying relief on her 28 U.S.C. § 2254 (2000) petition.        The

district court referred this case to a magistrate judge pursuant to

28 U.S.C. § 636(b)(1)(B) (2000).   The magistrate judge recommended

that relief be denied and advised Carter that failure to file

timely objections to this recommendation could waive appellate

review of a district court order based upon the recommendation.

Despite this warning, Carter failed to object 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).   Carter has waived appellate review by failing to

timely file specific objections after receiving proper notice.

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

the court and argument would not aid the decisional process.



                                                         DISMISSED


                               - 2 -

Source:  CourtListener

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