Franklin Brandon Tolbert v. HAROLD W. CLARKE, Director of the Virginia Department of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6049
FRANKLIN BRANDON TOLBERT,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director of the Virginia Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00150-RAJ-DEM)
Submitted: May 24, 2018 Decided: May 30, 2018
Before NIEMEYER, MOTZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Franklin Brandon Tolbert, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Franklin Brandon Tolbert 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 Tolbert 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). Tolbert
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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