John Thompson v. Jon Ozmint

Filing 920090624

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6374

JOHN R. THOMPSON, Petitioner - Appellant, v. JON OZMINT, Director SCDC; WARDEN PCI, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. David C. Norton, District Judge. (3:08-cv-03976-DCN)

Submitted:

June 18, 2009

Decided:

June 24, 2009

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John R. Thompson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: John R. Thompson 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 Thompson 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, Thompson failed

to object to the magistrate judge's 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); see

Wright v. Collins, 766 F.2d 841, 845-46 (4th also Thomas v. Arn, 474 U.S. 140 (1985).

Thompson 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 before contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. DISMISSED 2