UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6176
ALONZO A. BALDWIN,
Petitioner – Appellant,
v.
MICHAEL MCCALL,
Respondent – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Richard Mark Gergel, District
Judge. (9:10-cv-01115-RMG)
Submitted: March 31, 2011 Decided: April 6, 2011
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alonzo A. Baldwin, Appellant Pro Se. Donald John Zelenka,
Deputy Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alonzo A. Baldwin seeks to appeal the district court’s
order adopting the magistrate judge’s recommendation and denying
relief on his 28 U.S.C. § 2254 (2006) petition and the court’s
order denying his Federal Rule of Civil Procedure 59(e) 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. 2010).
The magistrate judge recommended that relief be denied and
advised Baldwin 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).
Baldwin 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
2