UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6387
CALVIN LYNDALE GADDY, a/k/a Calvin L. Gaddy,
Plaintiff - Appellant,
v.
WARDEN OF LIEBER CORRECTIONAL INSTITUTION,
Defendant – Appellee,
and
SOUTH CAROLINA,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. G. Ross Anderson, Jr., Senior
District Judge. (8:15-cv-03706-JFA)
Submitted: May 18, 2016 Decided: May 23, 2016
Before SHEDD, DIAZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Calvin Lyndale Gaddy, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Calvin Lyndale Gaddy seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2012) petition.
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 Gaddy that
failure to file timely, 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). Gaddy 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
this court and argument would not aid the decisional process.
DISMISSED
2