Felipe Trujillo v. John Pate

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999524504-2] Originating case number: 2:14-cv-00361-TMC Copies to all parties and the district court/agency. [999568608]. Mailed to: Felipe Trujilo. [15-6167]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6167

FELIPE TRUJILLO,
Petitioner - Appellant,
v.
JOHN PATE, Warden, Allendale Correctional Institution,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Charleston. Timothy M. Cain, District Judge.
(2:14-cv-00361-TMC)

Submitted:

April 16, 2015

Decided:

April 21, 2015

Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Felipe Trujillo, Appellant Pro Se. Donald John Zelenka, Senior
Assistant
Attorney
General,
Melody
Jane
Brown,
Assistant
Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Felipe Trujillo seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2254 (2012) petition. *

The

district court referred this case to a magistrate judge pursuant
to

28

U.S.C.

recommended

§ 636(b)(1)(B)

that

relief

be

(2012).
denied

and

The

magistrate

advised

judge

Trujillo

that

failure to file timely objections to this recommendation could
waive appellate review of a district court order based upon the
recommendation.
The timely filing of specific objections to a magistrate
judge’s recommendation is necessary to preserve appellate review
of the substance of that recommendation when the parties have
been warned of the consequences of noncompliance.

Wright v.

Collins,

see

766

F.2d

Thomas v.

Arn,

appellate

review

474
by

841,
U.S.

845-46
140

failing

receiving proper notice.

(4th

(1985).
to

timely

Cir.

1985);

Trujillo
file

has

objections

also
waived
after

Accordingly, we deny Trujillo’s motion

for a certificate of appealability and dismiss the appeal.

*

To the extent that Trujillo also seeks to appeal the
district court’s denial of his Fed. R. Civ. P. 59(e) motion, we
lack jurisdiction to consider that order because he did not file
a notice of appeal until after the appeal period expired.
See
Fed. R. App. P. 4(a)(1)(A), (a)(4)(B)(ii); Bowles v. Russell,
551 U.S. 205, 214 (2007).

2

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We dispense with oral argument because the facts and legal
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

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