Dena Inez Minton v. Miranda Richardson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6010
DENA INEZ MINTON,
Petitioner - Appellant,
v.
MIRANDA RICHARDSON,
Respondent - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, District Judge. (1:21-cv-00806-TDS-JEP)
Submitted: August 29, 2023 Decided: August 31, 2023
Before KING, AGEE, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dena Inez Minton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dena Inez Minton seeks to appeal the district court’s order dismissing her 28 U.S.C.
§ 2254 petition as untimely filed, and a subsequent order denying reconsideration. 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 Minton 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). Minton has forfeited 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 also
deny as moot Minton’s motion to attend hearings in this 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.
DISMISSED

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