United States of America v. Rafael Garcia Olvera

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7663
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RAFAEL GARCIA OLVERA,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:13-cr-00191-CCE-1; 1:16-cv-00885-CCE-JLW;
1:16-cv-01024-CCE-JLW)
Submitted: March 9, 2017 Decided: March 15, 2017
Before NIEMEYER, THACKER, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rafael Garcia Olvera, Appellant Pro Se. Randall Stuart Galyon,
OFFICE OF THE UNITED STATES ATTORNEY, Robert Michael Hamilton,
Angela Hewlett Miller, Assistant United States Attorneys,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Rafael Garcia Olvera seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion. 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 Olvera that the
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). Olvera has waived appellate
review by failing to file specific 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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