Marshall v. Rushton

Filing 920060622

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6103 ELIJAH MARSHALL, JR., Petitioner - Appellant, versus COLIE RUSHTON; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (6:05-cv-00345-GRA) Submitted: April 28, 2006 Decided: June 22, 2006 Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Elijah Marshall, Jr., Appellant Pro Se. William Edgar Salter, III, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Elijah Marshall, Jr., seeks to appeal the district court's order adopting the magistrate judge's recommendation and denying relief on his 28 U.S.C. 2254 (2000) petition. Marshall, however, waived his right to appeal by failing timely to file objections to the magistrate judge's recommendation. Shriners Hosp., 109 F.3d 198, 201 (4th Cir. 1997). dismiss the appeal. Id. at 200. See Wells v. We therefore 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 - 2 -

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