Gaddy v. Warden of Lieber Correctional Institution

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6387 CALVIN LYNDALE GADDY, a/k/a Calvin L. Gaddy, Plaintiff - Appellant, v. WARDEN OF LIEBER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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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