Opinion
No. 20-7093
02-22-2021
ALONZO HORACE HARRIS, Petitioner - Appellant, v. BRYAN M. ANTONELLI, Warden, Respondent - Appellee.
Alonzo Horace Harris, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:20-cv-00055-JPB) Before NIEMEYER, KING, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Alonzo Horace Harris, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Alonzo Horace Harris appeals the district court's order accepting the recommendation of the magistrate judge and dismissing without prejudice Harris' 28 U.S.C. § 2241 petition related to his 2013 federal convictions. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be denied and advised Harris that failure to file timely, specific objections to this recommendation would waive appellate review of a district court order based on the recommendation. Harris filed no objections.
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). Harris has waived appellate review by failing to file objections to the magistrate judge's recommendation 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