UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7521
WILLIAM PETERSON,
Petitioner - Appellant,
v.
COLIE RUSHTON, Warden MCCI,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Henry M. Herlong, Jr., District
Judge. (0:07-cv-01640-HMH)
Submitted: February 19, 2009 Decided: February 24, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Peterson, Appellant Pro Se. Donald John Zelenka, Deputy
Assistant Attorney General, James Anthony Mabry, Columbia, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Peterson seeks to appeal the district court’s
order denying as untimely his 28 U.S.C. § 2254 (2006) petition.
The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (2006). The magistrate
judge recommended that relief be denied and advised Peterson
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, Peterson failed
to object to the magistrate judge’s 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. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).
Peterson has waived appellate review by failing to timely file
specific 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 contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
DISMISSED
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