Willie Singletary v. Warden Kershaw Correctional Institution ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6764
WILLIE JAMES SINGLETARY,
Petitioner – Appellant,
v.
WARDEN, KERSHAW CORRECTIONAL INSTITUTION,
Respondent – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Cameron McGowan Currie, District
Judge. (8:10-cv-01305-CMC)
Submitted: August 18, 2011 Decided: August 23, 2011
Before WILKINSON, DAVIS, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Willie James Singletary, Appellant Pro Se. Donald John Zelenka,
Deputy Assistant Attorney General, Alphonso Simon, Jr.,
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Willie James Singletary seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2006)
petition. The district court referred this case to a magistrate
judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp.
2011). The magistrate judge recommended that relief be denied
and advised Singletary 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).
Singletary 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 the court and argument would not aid the decisional
process.
DISMISSED
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