Troy Mobley, Jr. v. Leroy Cartledge

Filing 920090120

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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, Judges.

Chief

Judge,

and

TRAXLER

and

KING,

Circuit

Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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. judge

The district court referred this case to a magistrate to 28 U.S.C. § 636(b)(1)(B) (2000). The

pursuant

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 Mobley based upon the to recommendation. object to the Despite this warning, judge's

failed

magistrate

recommendation. The magistrate timely filing of specific is objections to to a

judge's

recommendation

necessary

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 Mobley

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).

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

2

before

the

court

and

argument

would

not

aid

the

decisional

process. DISMISSED

3