Johnny Gambrell v. SC

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6392
JOHNNY RAY GAMBRELL,
Petitioner - Appellant,
v.
SC, STATE OF; WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. J. Michelle Childs, District
Judge. (2:13-cv-02911-JMC)
Submitted: May 21, 2015 Decided: May 27, 2015
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Johnny Ray Gambrell, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, James Anthony Mabry,
Assistant Attorney General, Columbia, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Johnny Ray Gambrell seeks to appeal the district court’s
order denying relief on 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 Gambrell
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). Gambrell 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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