George Tomlin v. Levern Cohen
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 9:12-cv-03258-MGL Copies to all parties and the district court/agency. [999380723]. Mailed to: Tomlin. [14-6589]
Appeal: 14-6589
Doc: 6
Filed: 06/23/2014
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6589
GEORGE LEE TOMLIN,
Petitioner - Appellant,
v.
LEVERN COHEN, Warden Ridgeland Correctional Inst,
Respondent - Appellee,
and
ALAN WILSON, Attorney General,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Mary G. Lewis, District Judge.
(9:12-cv-03258-MGL)
Submitted:
June 19, 2014
Decided: June 23, 2014
Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
George Lee Tomlin, Appellant Pro Se.
Tommy Evans, Jr., SOUTH
CAROLINA DEPARTMENT OF PROBATION, PAROLE & PARDON SERVICE,
Columbia, South Carolina; Donald John Zelenka, Senior Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 14-6589
Doc: 6
Filed: 06/23/2014
Pg: 2 of 2
PER CURIAM:
George Lee Tomlin, a state prisoner, seeks to appeal
the
district
court’s
order
§ 2241 (2012) petition.
to
a
magistrate
(2012).
and
denying
relief
on
his
28
U.S.C.
The district court referred this case
judge
pursuant
to
28
U.S.C.
§ 636(b)(1)(B)
The magistrate judge recommended that relief be denied
advised
Tomlin
that
failure
to
file
timely
and
specific
objections to this recommendation could waive appellate review
of a district court order based upon the recommendation.
The
magistrate
timely
judge’s
filing
of
specific
recommendation
is
objections
necessary
to
to
a
preserve
appellate review of the substance of that recommendation when
the
parties
have
noncompliance.
been
warned
of
the
consequences
of
Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).
Tomlin
has waived appellate review by failing to file objections after
receiving proper notice.
not
satisfy
this
His request for extensions of time do
requirement.
Accordingly,
we
deny
a
certificate of appealability and dismiss the appeal.
We dispense with oral argument because the facts and
legal
before
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?