Nesbitt v. Superintendent of Leath Correctional Institution ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7896
BRENDA NESBITT,
Petitioner - Appellant,
v.
SUPERINTENDENT OF LEATH CORRECTIONAL INSTITUTION,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. R. Bryan Harwell, District
Judge. (5:14-cv-00344-RBH)
Submitted: April 23, 2015 Decided: April 28, 2015
Before SHEDD, DUNCAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Brenda Nesbitt, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Kaycie Smith Timmons, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brenda Nesbitt seeks to appeal the district court’s order
denying relief on her 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 Nesbitt 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). Nesbitt has waived
appellate review by failing to file 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