Fuller v. McCall

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6852
LOUIS FULLER, JR., a/k/a Lewis Fuller,
Petitioner - Appellant,
v.
MICHAEL MCCALL, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Henry M. Herlong, Jr., Senior
District Judge. (4:09-cv-00036-HMH)
Submitted: August 20, 2009 Decided: August 27, 2009
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Louis Fuller, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Louis Fuller, Jr., seeks to appeal the district
court’s order accepting the recommendation of the magistrate
judge and dismissing as successive his 28 U.S.C. § 2254 (2006)
petition. The magistrate judge recommended that relief be
denied and advised Fuller 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, Fuller failed to object specifically 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). Fuller
has waived appellate review by failing to timely 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
before the court and argument would not aid the decisional
process.
DISMISSED
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