Bryan Eric Gray v. ERIK A. HOOKS, North Carolina Department of Public Safety

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6129
BRYAN ERIC GRAY,
Petitioner - Appellant,
v.
ERIK A. HOOKS, North Carolina Department of Public Safety,
Respondent - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Loretta C. Biggs, District Judge. (1:18-cv-00832-LCB-LPA)
Submitted: May 23, 2019 Decided: May 29, 2019
Before KING and RICHARDSON, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Bryan Eric Gray, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bryan Eric Gray seeks to appeal the district court’s order denying his Fed. R. Civ.
P. 60(b) motion seeking relief from the dismissal of his 28 U.S.C. § 2254 (2012) petition.
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 Gray that 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). Gray has
waived appellate review by failing to file objections. Accordingly, we deny a certificate
of appealability, deny leave to proceed in forma pauperis, 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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