Victor Sanchez Garcia v. B. J. Meeks

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7146
VICTOR SANCHEZ GARCIA,
Petitioner - Appellant,
v.
B. J. MEEKS,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Henry M. Herlong, Jr., Senior
District Judge. (5:16-cv-02570-HMH)
Submitted: December 15, 2016 Decided: December 20, 2016
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Victor Sanchez Garcia, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Victor Sanchez Garcia appeals the district court’s order
dismissing his 28 U.S.C. § 2241 (2012) petition without
prejudice. 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 the petition be dismissed
without prejudice and advised Garcia that failure to timely file
specific 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). Garcia has waived appellate review
by failing to file specific objections after receiving proper
notice. Accordingly, we affirm the judgment of the district
court.
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.
AFFIRMED

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