Robert Shirley v. Collie Rushton

Filing 920090824

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8213 ROBERT CHRISTOPHER SHIRLEY, Petitioner - Appellant, v. COLLIE RUSHTON, Warden of McCormick Correctional Institute, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry F. Floyd, District Judge. (0:07-cv-02996-HFF) Submitted: August 20, 2009 Decided: August 24, 2009 Before WILKINSON and Senior Circuit Judge. MICHAEL, Circuit Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Robert Christopher Shirley, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Samuel Creighton Waters, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Christopher Shirley seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2006) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. 636(b)(1)(B) (2006). The magistrate judge recommended that relief be denied and advised Shirley that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the to recommendation. object to the Despite this warning, judge's Shirley 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. Cir. 1985); has see Wright v. Collins, 766 F.2d 841, 845-46 (4th also Thomas v. appellate Arn, review 474 by U.S. 140 (1985). to file Shirley waived failing objections after receiving proper notice. 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 2 before the court and argument would not aid the decisional process. DISMISSED 3

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