United States of America v. Kari Butler

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7085
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KARI BUTLER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. Louise W. Flanagan, District Judge. (7:18-cr-00184-FL-4; 7:21-cv-00137-
FL)
Submitted: February 21, 2023 Decided: February 24, 2023
Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kari Butler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Kari Butler seeks to appeal the district court’s order denying relief on her 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 Butler that failure to file timely, specific objections to this recommendation could
forfeit 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). Butler 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

-- 2 of 2 --