Mayron Gilree v. Cecelia Reynolds , 613 F. App'x 240 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6767
MAYRON R. GILREE,
Petitioner - Appellant,
v.
CECELIA REYNOLDS,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Richard Mark Gergel, District
Judge. (0:14-cv-03686-RMG)
Submitted: August 20, 2015 Decided: August 25, 2015
Before DUNCAN, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mayron R. Gilree, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Caroline M. Scrantom, OFFICE OF THE
ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mayron R. Gilree seeks to appeal the district court’s order
dismissing as untimely 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 Gilree that
failure to file timely, specific 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). Gilree 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
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