US v. Montrose Bennett, No. 14-7079 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7079 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MONTROSE BENNETT, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Malcolm J. Howard, Senior District Judge. (7:09-cr-00054-H-4) Submitted: November 20, 2014 Decided: November 25, 2014 Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Montrose Bennett, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Montrose Bennett seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Bennett that the 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 have noncompliance. Cir. 1985); Bennett has been warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th see also waived Thomas v. appellate Arn, 474 review by objections after receiving proper notice. U.S. 140 failing (1985). to file Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2