Hightower v. Warden, McCormick Correctional Institution

U.S. Court of Appeals for the Fourth Circuit
Hightower v. Warden, McCormick Correctional Institution, 302 F. App'x 131 (4th Cir. 2008)

Hightower v. Warden, McCormick Correctional Institution

Opinion

PER CURIAM:

David Hightower 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 Hightower 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, Hightower 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). Hightower has waived appellate review by failing to timely file specific objections after receiving proper notice. See United States v. Midgette, 478 F.3d 616, 622 (4th Cir. 2007). Accordingly, we deny Hightower’s motion for 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 *132 the court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
David HIGHTOWER, Petitioner-Appellant, v. WARDEN, McCORMICK CORRECTIONAL INSTITUTION, Respondent-Appellee
Status
Unpublished