Roderick English v. Warden, Broad River

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for other relief [1000005673-2], denying Motion for other relief [1000005672-2], denying Motion for other relief [1000004619-2], denying Motion for other relief [1000004613-2], denying Motion for other relief [1000002086-2], denying Motion for other relief [999989798-2], denying Motion for other relief [999989794-2], denying Motion for other relief [999989781-2]; denying Motion to amend/correct [1000005652-2], denying Motion to amend/correct [1000002101-2], denying Motion to amend/correct [999989776-2]; denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999994844-2], denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999989763-2]; denying Motion to expedite decision [999989797-2]; denying Motion for stay pending appeal [999989769-2] Originating case number: 1:16-cv-00127-JFA Copies to all parties and the district court/agency. [1000007254]. Mailed to: appellant. [16-7601]

Appeal: 16-7601

Doc: 26

Filed: 01/20/2017

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7601

RODERICK ENGLISH,
Petitioner – Appellant,
v.
WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
Joseph F. Anderson, Jr., Senior
District Judge. (1:16-cv-00127-JFA)

Submitted:

January 17, 2017

Decided:

January 20, 2017

Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roderick Jerome English, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7601

Doc: 26

Filed: 01/20/2017

Pg: 2 of 2

PER CURIAM:
Roderick
court’s

order

petition.
judge

Jerome

English

denying

relief

seeks
on

to
28

his

appeal
U.S.C.

the

district

§ 2254

(2012)

The district court referred this case to a magistrate

pursuant

to

28

U.S.C.

§ 636(b)(1)(B)

(2012).

The

magistrate judge recommended that relief be denied and advised
English

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);

English

has

also
waived

appellate review by failing to file objections after receiving
proper

notice.

Accordingly,

we

deny

a

certificate

of

appealability, deny English’s pending motions, 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