Opinion
No. 21-6076
05-25-2021
NAPOLEON J. RANKIN BEY, Petitioner - Appellant, v. STATE OF NORTH CAROLINA, Respondent - Appellee.
Napoleon J. Rankin Bey, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, Chief District Judge. (1:20-cv-01048-TDS-JEP) Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Napoleon J. Rankin Bey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Napoleon J. Rankin Bey seeks to appeal the district court's order dismissing his 28 U.S.C. § 2254 petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended dismissing the petition as successive and advised Rankin Bey that failure to file timely, 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. Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Rankin Bey has waived appellate review by failing to file objections to the magistrate judge's recommendation 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