UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7081
MICHAEL TYRELL MCKNIGHT,
Petitioner - Appellant,
v.
SOUTH CAROLINA, STATE OF,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Margaret B. Seymour, Senior
District Judge. (2:15-cv-03149-MBS)
Submitted: November 22, 2016 Decided: November 28, 2016
Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Tyrell McKnight, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Tyrell McKnight 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
McKnight that failure to timely file 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). McKnight 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