UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6915
RASHEE DONELL JOHNSON,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director of the Virginia Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Robert G. Doumar, Senior District Judge. (2:19-cv-00462-RGD-RJK)
Submitted: July 20, 2021 Decided: July 22, 2021
Before WILKINSON, AGEE, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rashee Donell Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rashee Donell Johnson seeks to appeal the district court’s order denying relief on
his 28 U.S.C. § 2254 petition. The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be
denied and advised Johnson that failure to file timely objections to this recommendation
would 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. Martin v. Duffy, 858
F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985);
see also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Johnson has waived appellate
review by failing to file objections to the magistrate judge’s recommendation 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