Kenyal Rodgers v. Leroy Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999754477-2] Originating case number: 5:15-cv-00777-BHH Copies to all parties and the district court/agency. [999864683]. Mailed to: Kenyal Rodgers. [16-6192]

Appeal: 16-6192

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Filed: 06/23/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6192

KENYAL LAMOND RODGERS, a/k/a Kenyal Lamond Rogers,
Petitioner - Appellant,
v.
LEROY CARTLEDGE, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Bruce H. Hendricks, District
Judge. (5:15-cv-00777-BHH)

Submitted:

June 21, 2016

Decided:

June 23, 2016

Before DUNCAN, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenyal Lamond Rodgers, 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Unpublished opinions are not binding precedent in this circuit.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: 16-6192

Doc: 6

Filed: 06/23/2016

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PER CURIAM:
Kenyal Lamond Rodgers 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 Rodgers 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

(4th

Cir.

140

(1985).

1985);

Rodgers

has

also
waived

appellate review by failing to file specific objections after
receiving proper notice.

Accordingly, we deny Rodgers’ motion

for 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