Jimmy Clayton Walker v. J Nbrowning

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6969
JIMMY CLAYTON WALKER,
Petitioner - Appellant,
versus
J N BROWNING; ROBERTA LAWSON; CITY OF
GREENVILLE POLICE DEPARTMENT,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CA-04-946-20AK-6)
Submitted: November 18, 2004 Decided: November 24, 2004
Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jimmy Clayton Walker, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

- 2 -
PER CURIAM:
Jimmy Clayton Walker seeks to appeal the district court’s
order dismissing his petition filed under 28 U.S.C. § 2254 (2000).
The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge
recommended that relief be denied and advised Walker 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, Walker 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 that failure to object will waive appellate review. See
Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also
Thomas v. Arn, 474 U.S. 140 (1985). Walker 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

-- 2 of 2 --