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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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