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Juan D. WHITE, Petitioner-Appellant, v. Harold W. CLARKE, Director, Virginia Department of Corrections, Respondent-Appellee

United States Court of Appeals for the Fourth Circuit2015-05-27No. No. 15-6164
604 F. App'x 310

Authorities cited

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Opinion

majority opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). White has waived appellate review by failing to file objections in the district court. Accordingly, we deny .a certificate of ap-pealability, 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.