Troy L. Pearson v. Cecilia Reynold


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:16-cv-01802-DCN Copies to all parties and the district court/agency. [1000097187]. Mailed to: Troy L. Pearson LEE CORRECTIONAL INSTITUTION 990 Wisacky Highway Bishopville, SC 29010-2021. [16-7464]

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Appeal: 16-7464 Doc: 9 Filed: 06/08/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7464 TROY L. PEARSON, Petitioner - Appellant, v. CECILIA REYNOLDS, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. David C. Norton, District Judge. (4:16-cv-01802-DCN) Submitted: May 23, 2017 Before KEENAN, THACKER, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Troy L. Pearson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Decided: June 8, 2017 Appeal: 16-7464 Doc: 9 Filed: 06/08/2017 Pg: 2 of 2 PER CURIAM: Troy L. Pearson 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 magistrate judge recommended dismissing the petition and advised Pearson 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). Pearson 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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