David Eugene Gregg, Sr. v. Nfn McCall

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6523
DAVID EUGENE GREGG, SR.,
Petitioner – Appellant,
v.
NFN MCCALL,
Respondent – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. G. Ross Anderson, Jr., Senior
District Judge. (4:08-cv-03423-GRA)
Submitted: June 24, 2010 Decided: July 1, 2010
Before DUNCAN, AGEE, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Eugene Gregg, Sr., Appellant Pro Se. Donald John Zelenka,
Deputy Assistant Attorney General, James Anthony Mabry,
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David Eugene Gregg, Sr., 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.A. § 636(b)(1)(B) (West 2006 & Supp.
2010). The magistrate judge recommended that relief be denied
and advised Gregg 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). Gregg
has waived appellate review by failing to file timely 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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