Opinion
22-6697
02-22-2023
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RAMESE AUGUSTUS MCKOY, Defendant-Appellant.
Ramese Augustus McKoy, Appellant Pro Se.
UNPUBLISHED
Submitted: February 16, 2023
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, Chief District Judge. (1:15-cr-00411-TDS-1, 1:22-cv-00324-TDS-JLW)
Ramese Augustus McKoy, Appellant Pro Se.
Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ramese Augustus McKoy seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 motion. 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 McKoy 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). McKoy 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