Alvarado v. Riley , 372 F. App'x 396 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-8209
GUSTAVO ALVARADO,
Petitioner - Appellant,
v.
TIM RILEY, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, Senior
District Judge. (2:09-cv-01035-PMD)
Submitted: March 16, 2010 Decided: March 24, 2010
Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gustavo Alvarado, Appellant Pro Se. Alphonso Simon, Jr., OFFICE
OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Donald John Zelenka,
Deputy Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gustavo Alvarado 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 Alvarado
that failure to file timely objections to this recommendation
could waive appellate review of a district court order based
upon the recommendation. Despite this warning, Alvarado failed
to object 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).
Alvarado has waived appellate review by failing to timely 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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