Julio Cesar Nazarette-Garcia v. T. McCoy

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7562
JULIO CESAR NAZARETTE-GARCIA,
Petitioner - Appellant,
v.
T. MCCOY,
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. (1:14-cv-00754-WO-LPA)
Submitted: February 23, 2016 Decided: February 26, 2016
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Julio Cesar Nazarette-Garcia, 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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Julio Cesar Nazarette-Garcia seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2012)
petition. 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 that relief be denied and advised
Nazarette-Garcia 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). Nazarette-Garcia has waived
appellate review by failing to file objections. 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
this court and argument would not aid the decisional process.
DISMISSED

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