Eugene Gary v. Leroy Cartledge

U.S. Court of Appeals for the Fourth Circuit
Eugene Gary v. Leroy Cartledge, 634 F. App'x 395 (4th Cir. 2016)

Eugene Gary v. Leroy Cartledge

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Eugene Gary seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Gary 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Gary has 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 ade *396 quately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
Eugene GARY, A/K/A Eugene Gee Gary, A/K/A Eugene Gary, III, Petitioner-Appellant, v. Leroy CARTLEDGE, MCI Warden, Respondent-Appellee
Status
Unpublished