Troy Eugene Mobley, Jr. v. Leroy Cartledge

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8142
TROY EUGENE MOBLEY, JR.,
Petitioner - Appellant,
v.
LEROY CARTLEDGE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. G. Ross Anderson, Jr., District
Judge. (3:07-cv-01593-GRA)
Submitted: January 13, 2009 Decided: January 20, 2009
Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Troy Eugene Mobley, Jr., Appellant Pro Se. Melody Jane Brown,
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Troy Eugene Mobley, Jr. seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2000)
petition. 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
Mobley 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,
Mobley 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 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). Mobley
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

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before the court and argument would not aid the decisional
process.
DISMISSED

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