UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7650
THOMAS HARLEY,
Petitioner – Appellant,
v.
WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. R. Bryan Harwell, District Judge.
(3:10-cv-02296-RBH)
Submitted: March 15, 2011 Decided: March 18, 2011
Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Thomas Harley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Harley 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.A. § 636(b)(1)(B) (West 2006 & Supp. 2010).
The magistrate judge recommended that relief be denied and
advised Harley that failure to file timely and specific
objections to this recommendation could waive appellate review
of a district court order based upon the 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). Harley
has waived appellate review by failing to file objections after
receiving proper notice. * Accordingly, we deny a certificate of
appealability and dismiss the appeal.
*
The district court granted Harley one extension of time in
which to file his objections, and did not abuse its discretion
in denying a second extension.
2
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
3