James Young v. State of South Carolina

Filing 920100126

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7082

JAMES YOUNG, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA; ROBERT STEVENSON, BRCI Warden, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Patrick Michael Duffy, Senior District Judge. (3:08-cv-01053-PMD)

Submitted:

January 19, 2010

Decided:

January 26, 2010

Before NIEMEYER, KING, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Young, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James Young 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 Young 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, Young 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.

Wright v. Collins, 766 F.2d 841, 845-46 (4th Young

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

would

process. DISMISSED 2