Kenneth Ray v. Henry McMaster

Filing 920090528

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6054

KENNETH RAY, a/k/a Kenneth J. Ray, a/k/a Kenneth Feochie Ray, a/k/a Kenneth F. Ray, Petitioner - Appellant, v. HENRY MCMASTER; INSTITUTION, WARDEN, BROAD RIVER CORRECTIONAL

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge. (8:08-cv-03837-HMH)

Submitted:

May 21, 2009

Decided:

May 28, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenneth Ray, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Kenneth Ray 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 Ray that failure to file timely and specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. file specific Despite this warning, Ray failed to to the magistrate judge's

objections

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 Ray

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). has waived appellate review by failing to 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 before contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. DISMISSED 2