Smyre v. Johnson, 4th Cir. (2006)
Smyre v. Johnson, 4th Cir. (2006)
Smyre v. Johnson, 4th Cir. (2006)
No. 06-6727
of
the
Virginia
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Walter D. Kelley, Jr., District
Judge. (2:05-cv-00426-WDK)
PER CURIAM:
Leroy Jerome Smyre seeks to appeal the district courts
order denying relief on his 28 U.S.C. 2254 (2000) petition.
The
that relief be denied and advised Smyre that failure to file timely
objections to this recommendation could waive appellate review of
a district court order based upon the recommendation. Despite this
warning,
Smyre
failed
to
object
to
the
magistrate
judges
Wright v. Collins,
766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474
U.S. 140 (1985). Smyre has waived appellate review of the district
courts adoption of the magistrate judges timeliness determination
because, despite receiving proper notice, Smyre failed to file
specific objections to the magistrate judges finding that his
petition was time-barred.
- 2 -
DISMISSED
- 3 -