US v. Daniel Bank, No. 10-7415 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7415 UNITED STATES OF AMERICA, Plaintiff Appellee, v. DANIEL BANKS, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:08-cv-00162-FPS-JSK, 5:05-cr-0030-FPS-JSK-1) Submitted: July 13, 2011 Decided: July 21, 2011 Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Daniel Banks, Appellant Pro Se. David J. Perri, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Daniel Banks seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2011) motion. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2011). The magistrate judge recommended that relief be denied and advised Banks that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The magistrate timely judge s filing of specific recommendation is objections necessary to to a preserve appellate review of the substance of that recommendation when the parties noncompliance. have been warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Banks has waived appellate review by failing to file objections 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 before contentions the court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2
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