Sherman Dewalt v. Leroy Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-02335-MGL. Copies to all parties and the district court. [999791349]. Mailed to: Appellant. [15-7452]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7452

SHERMAN DEWALT,
Petitioner - Appellant,
v.
WARDEN LEROY CARTLEDGE,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
Mary G. Lewis, District Judge.
(1:14-cv-02335-MGL)

Submitted:

March 16, 2016

Before DUNCAN and
Circuit Judge.

HARRIS,

Decided:

Circuit

Judges,

and

April 8, 2016

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Sherman Dewalt, Appellant Pro Se.
Donald John Zelenka, Senior
Assistant Attorney General, Alphonso Simon, Jr., Assistant
Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sherman Dewalt 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
failure

§ 636(b)(1)(B)

that

to

relief

file

be

timely,

(2012).
denied

The
and

specific

magistrate

advised

judge

Dewalt

objections

that

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).
not

“preserve

arguments

merely

Cir.

1985);

Moreover, an appellant may
by

incorporating

reference in a few sentences in his brief.”
221

F.3d

appellate

583,

588

review

n.1

by

(4th

failing

Cir.
to

also

2000).

them

by

McCarver v. Lee,
Dewalt

specifically

has

object

waived
to

the

magistrate judge’s findings on the issues he asserts on appeal
after

receiving

proper

notice.

Accordingly,

certificate of appealability and dismiss the appeal.

2

we

deny

a

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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

3