UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6054
KENNETH RAY, a/k/a Kenneth J. Ray, a/k/a Kenneth Feochie
Ray, a/k/a Kenneth F. Ray,
Petitioner - Appellant,
v.
HENRY MCMASTER; WARDEN, BROAD RIVER CORRECTIONAL
INSTITUTION,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., District
Judge. (8:08-cv-03837-HMH)
Submitted: May 21, 2009 Decided: May 28, 2009
Before MOTZ, TRAXLER, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kenneth Ray, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Ray seeks to appeal the district court’s order
denying relief on 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 Ray that failure
to file timely and specific objections to this recommendation
could waive appellate review of a district court order based
upon the recommendation. Despite this warning, Ray failed to
file specific objections 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). Ray
has waived appellate review by failing to 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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