Derrick Grant v. Warden

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to extend filing time [999837577-2]; denying Motion to withdraw informal brief [999837577-3]; denying Motion to proceed in forma pauperis (FRAP 24) [999832570-2], denying certificate of appealability status. Originating case number: 4:15-cv-02728-PMD. Copies to all parties and the district court. [999940790]. Mailed to: Derrick Grant. [16-6631]

Appeal: 16-6631

Doc: 11

Filed: 10/04/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6631

DERRICK GRANT,
Petitioner - Appellant,
v.
WARDEN, of Broad River CI,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Patrick Michael Duffy, Senior
District Judge. (4:15-cv-02728-PMD)

Submitted:

September 15, 2016

Decided:

October 4, 2016

Before NIEMEYER and WYNN, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Dismissed by unpublished per curiam opinion.

Derrick Grant, 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Unpublished opinions are not binding precedent in this circuit.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: 16-6631

Doc: 11

Filed: 10/04/2016

Pg: 2 of 2

PER CURIAM:
Derrick Grant 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.

§ 636(b)(1)(B)

(2012).

The

magistrate

judge

recommended that the petition be dismissed and advised Grant 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,

766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474
U.S. 140 (1985).
file

specific

Grant has waived appellate review by failing to
objections

after

receiving

proper

notice.

Accordingly, we deny a certificate of appealability, deny leave to
proceed in forma pauperis, and dismiss the appeal.

We also deny

his pending motions for an extension of time to file a motion for
a certificate of appealability and to withdraw his informal brief.
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