Colclough v. Sumter Lee Regional

Filing 920080128

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7510

RONNIE COLCLOUGH, Petitioner - Appellant, versus SUMTER LEE REGIONAL DETENTION CENTER, Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:07-cv-02910-HMH)

Submitted:

January 17, 2008

Decided:

January 28, 2008

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronnie Colclough, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Ronnie Colclough seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2241 (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 Colclough 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, Colclough 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). Colclough 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 before the court and argument would not aid the decisional process.

DISMISSED

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