UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6310
SAMUEL T. SIMMONS,
Petitioner – Appellant,
v.
WARDEN MCCABE,
Respondent – Appellee,
and
SOUTH CAROLINA, THE STATE OF,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. G. Ross Anderson, Jr., Senior
District Judge. (8:12-cv-00951-GRA)
Submitted: April 25, 2013 Decided: April 30, 2013
Before AGEE and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Samuel T. Simmons, Appellant Pro Se. William Edgar Salter, III,
Assistant Attorney General, Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Samuel T. Simmons 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. 2012).
The magistrate judge recommended that relief be denied and
advised Simmons that failure to file timely 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).
Simmons has waived appellate review by failing to file
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
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