John McCombs v. State of South Carolina

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 19-7710

JOHN MCCOMBS,

Petitioner - Appellant,

v.

STATE OF SOUTH CAROLINA,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at
Charleston. R. Bryan Harwell, Chief District Judge. (2:19-cv-01086-RBH)

Submitted: May 5, 2020 Decided: May 28, 2020

Before HARRIS and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.

Dismissed by unpublished per curiam opinion.

John McCombs, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

John McCombs, a South Carolina detainee, seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and dismissing McCombs’ 28
U.S.C. § 2241 (2018) petition. The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (2018). The magistrate judge recommended that
relief be denied and advised McCombs that failure to file timely specific objections to this
recommendation would 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). McCombs
has waived appellate review by failing to file specific objections after receiving proper
notice.
Accordingly, we deny a certificate of appealability and dismiss the appeal. We also
deny McCombs’ motions for appoint of counsel, immunity, discovery, and an independent
evaluator. 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