Davis v. Stevenson ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7472
CLIFTON L. DAVIS,
Petitioner - Appellant,
v.
ROBERT STEVENSON, Warden, BRCI,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. G. Ross Anderson, Jr., Senior
District Judge. (9:08-cv-03255-GRA)
Submitted: February 25, 2010 Decided: March 3, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Clifton L. Davis, Appellant Pro Se. Donald John Zelenka, Deputy
Assistant Attorney General, Melody Jane Brown, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Clifton L. Davis 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. § 636(b)(1)(B) (2006). The magistrate
judge recommended that relief be denied and advised Davis that
failure to file timely specific objections to this
recommendation could waive appellate review of a district court
order based upon the recommendation. Despite this warning,
Davis failed to file specific objections 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). Davis
has waived appellate review by failing to file specific
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
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before the court and argument would not aid the decisional
process.
DISMISSED
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