Jeffrey Webb v. Leroy Cartledge

16-6161Court of Appeals for the Fourth CircuitAug 22, 2016

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6161
JEFFREY WEBB,
Petitioner - Appellant,
v.
LEROY CARTLEDGE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. J. Michelle Childs, District
Judge. (9:15-cv-01720-JMC)
Submitted: August 18, 2016 Decided: August 22, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeffrey Webb, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Alphonso Simon, Jr., Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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2
PER CURIAM:
Jeffrey Webb 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 Webb 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). Webb 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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