Wayne A. Williams-El v. Superior Court

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7998
WAYNE A. WILLIAMS-EL,
Petitioner - Appellant,
v.
SUPERIOR COURT; UNITED STATES DISTRICT COURT; 4TH CIRCUIT
COURT OF APPEALS; UNITED STATES SUPREME COURT,
Respondents - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:10-cv-00173-NCT-LPA)
Submitted: March 28, 2013 Decided: April 2, 2013
Before NIEMEYER, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wayne A. Williams-El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Wayne A. Williams-El 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 Williams-El 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).
Williams-El 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

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