Larry Williams v. Wayne McCabe , 460 F. App'x 207 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7037
LARRY WILLIAMS,
Petitioner - Appellant,
v.
WAYNE C. MCCABE, Warden of Lieber Correctional Institution,
Respondent - Appellee,
and
CHARLES T. BROOKS, III; BUBBER JENKINSON; CAROLYN F.
WILLIAMS,
Respondents.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, District
Judge. (3:11-cv-00946-MBS)
Submitted: December 20, 2011 Decided: December 23, 2011
Before MOTZ, DUNCAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry Williams 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 Williams 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).
Williams 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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