Hightower v. Warden, McCormick Correctional Institution , 302 F. App'x 131 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7682
DAVID HIGHTOWER,
Petitioner - Appellant,
v.
WARDEN, McCormick Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Cameron McGowan Currie, District
Judge. (2:07-cv-00063-CMC)
Submitted: November 20, 2008 Decided: December 2, 2008
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
David Hightower, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Hightower seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (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 Hightower
that failure to file timely objections to this recommendation
could waive appellate review of a district court order based
upon the recommendation. Despite this warning, Hightower failed
to 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).
Hightower has waived appellate review by failing to timely file
specific objections after receiving proper notice. See United
States v. Midgette, 478 F.3d 616, 622 (4th Cir. 2007).
Accordingly, we deny Hightower’s motion for a certificate of
appealability and dismiss the appeal.
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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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