Michael D. Castevens v. United States District Court County of Chatham of North Carolina

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6250
MICHAEL D. CASTEVENS,
Petitioner - Appellant,
v.
UNITED STATES DISTRICT COURT COUNTY OF CHATHAM OF NORTH
CAROLINA,
Respondent - Appellee.
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)
Submitted: June 20, 2013 Decided: June 26, 2013
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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before this court and argument would not aid the decisional
process.
DISMISSED

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