Johnny Gambrell v. SC
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying certificate of appealability. Originating case number: 2:13-cv-02911-JMC. Copies to all parties and the district court/agency. [999590461].. [15-6392]
Appeal: 15-6392
Doc: 7
Filed: 05/27/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6392
JOHNNY RAY GAMBRELL,
Petitioner - Appellant,
v.
SC, STATE OF; WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston.
J. Michelle Childs, District
Judge. (2:13-cv-02911-JMC)
Submitted:
May 21, 2015
Decided:
May 27, 2015
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Johnny Ray Gambrell, Appellant Pro Se.
Donald John Zelenka,
Senior
Assistant
Attorney
General,
James
Anthony
Mabry,
Assistant Attorney General, Columbia, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-6392
Doc: 7
Filed: 05/27/2015
Pg: 2 of 2
PER CURIAM:
Johnny Ray Gambrell 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
pursuant to 28 U.S.C. § 636(b)(1)(B) (2012).
magistrate
judge
The magistrate
judge recommended that relief be denied and advised Gambrell
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
Thomas v.
F.2d
Arn,
474
841,
U.S.
845-46
140
(4th
Cir.
(1985).
1985);
Gambrell
has
also
waived
appellate review by failing to file 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
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
2
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