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Castevens v. U.S. Dist. Court Cnty. of Chatham of N.C.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 26, 2013
531 F. App'x 290 (4th Cir. 2013)

Opinion

No. 13-6250

06-26-2013

MICHAEL D. CASTEVENS, Petitioner - Appellant, v. UNITED STATES DISTRICT COURT COUNTY OF CHATHAM OF NORTH CAROLINA, Respondent - Appellee.

Michael D. Castevens, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:12-cv-00658-WO-LPA) Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael D. Castevens, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Michael D. Castevens seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2006) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2012) . The magistrate judge recommended that relief be denied and advised Castevens 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). Castevens has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we deny leave to proceed in forma pauperis, 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


Summaries of

Castevens v. U.S. Dist. Court Cnty. of Chatham of N.C.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 26, 2013
531 F. App'x 290 (4th Cir. 2013)
Case details for

Castevens v. U.S. Dist. Court Cnty. of Chatham of N.C.

Case Details

Full title:MICHAEL D. CASTEVENS, Petitioner - Appellant, v. UNITED STATES DISTRICT…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 26, 2013

Citations

531 F. App'x 290 (4th Cir. 2013)