United States of America v. Tremaine Antwaun Brown

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7181
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TREMAINE ANTWAUN BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Catherine C. Eagles, District Judge. (1:14-cr-00285-CCE-1; 1:16-cv-798)
Submitted: February 15, 2018 Decided: February 20, 2018
Before WILKINSON, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tremaine Antwaun Brown, Appellant Pro Se. Graham Tod Green, Assistant United
States Attorney, Winston-Salem, North Carolina, Robert Michael Hamilton, Angela
Hewlett Miller, Assistant United States Attorneys, OFFICE OF THE UNITED STATES
ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tremaine Antwaun Brown 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 Brown 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). Brown
has waived appellate review by failing to timely file 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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