U.S. Court of Appeals for the Fourth Circuit, 2008

Duckett v. Rushton

Duckett v. Rushton
U.S. Court of Appeals for the Fourth Circuit · Decided May 29, 2008 · Motz, Duncan, Hamilton
279 F. App'x 231

Duckett v. Rushton

Opinion

PER CURIAM:

Lewis Duckett seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Duckett that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Duckett failed to object to the magistrate judge’s 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Duckett has waived appellate review by failing to timely file specific objections af *232 ter 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 the court and argument would not aid the decisional process.

DISMISSED.

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