15-6671•Jamie Goss v. JOSEPH MCFADDEN, Warden, Lieber Correctional Institution
15-6671Court of Appeals for the Fourth Circuit4 de nov. de 2015
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6671
JAMIE GOSS,
Petitioner - Appellant,
v.
JOSEPH MCFADDEN, Warden, Lieber Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Mary G. Lewis, District Judge.
(4:14-cv-01299-MGL)
Submitted: October 29, 2015 Decided: November 4, 2015
Before GREGORY, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jamie Goss, Appellant Pro Se. Alphonso Simon, Jr., Assistant
Attorney General, Donald John Zelenka, Senior Assistant Attorney
General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jamie Goss 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 Goss 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). Goss has waived appellate
review by failing to timely file objections. Accordingly, we
deny a certificate of appealability, deny leave to proceed in
forma pauperis, 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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