Davis v. State of South Carolina , 272 F. App'x 307 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6181
THOMAS LOUIS DAVIS,
Petitioner - Appellant,
v.
STATE OF SOUTH CAROLINA; PHILLIP FOOTE,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. G. Ross Anderson, Jr., District
Judge. (9:07-cv-03621-GRA)
Submitted: March 27, 2008 Decided: April 4, 2008
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Thomas Louis Davis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Louis Davis seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2241 (2000) petition. The
district court referred this case to a magistrate judge pursuant to
28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended
that relief be denied and advised Davis that failure to file
specific objections to this recommendation could waive appellate
review of a district court order based upon the recommendation.
Despite this warning, the objections Davis filed merely reiterated
his previous arguments and did not specifically object to the
magistrate judge’s 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). Davis has waived appellate review by failing to
timely 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
the court and argument would not aid the decisional process.
DISMISSED
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