Freddie Jones v. Dennis Bush

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:14-cv-01760-TLW Copies to all parties and the district court/agency. [999704597].. [15-6808]

Appeal: 15-6808

Doc: 11

Filed: 11/23/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6808

FREDDIE RICHARD JONES,
Petitioner - Appellant,
v.
DENNIS BUSH, Warden Lee Correctional Institution,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Terry L. Wooten, Chief District
Judge. (0:14-cv-01760-TLW)

Submitted:

October 26, 2015

Before MOTZ and
Circuit Judge.

FLOYD,

Circuit

Decided:

Judges,

and

November 23, 2015

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Freddie Richard Jones, 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Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6808

Doc: 11

Filed: 11/23/2015

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PER CURIAM:
Freddie Richard Jones seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing as untimely 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 the petition be dismissed as untimely and
advised Jones 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

841,

845-46

(4th

Thomas v. Arn, 474 U.S. 140 (1985).
review
notice.

by

failing

to

file

Cir.

1985);

also

Jones has waived appellate

objections

after

receiving

proper

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