United States of America v. Ian Andre Carr

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7163
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
IAN ANDRE CARR,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at
Martinsburg. Thomas S. Kleeh, Chief District Judge. (3:20-cr-00043-TSK-1;
3:22-cv-00207-TSK)
Submitted: February 27, 2024 Decided: March 1, 2024
Before WILKINSON, WYNN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ian Andre Carr, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ian Andre Carr 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 Carr 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). Carr 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 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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