UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7570
KENNETH LEE HUCKABEE,
Petitioner - Appellant,
v.
WARDEN CHIP STEVENSON,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Mary G. Lewis, District Judge.
(8:14-cv-03503-MGL)
Submitted: November 22, 2016 Decided: November 29, 2016
Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Kenneth Lee Huckabee, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, Melody Jane Brown, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Lee Huckabee 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 Huckabee 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). Huckabee has waived appellate review by failing
to timely file objections. Accordingly, we deny a certificate of
appealability, deny leave to proceed in forma pauperis, 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