Michael McKnight v. South Carolina, State of

U.S. Court of Appeals for the Fourth Circuit
Michael McKnight v. South Carolina, State of, 671 F. App'x 68 (4th Cir. 2016)

Michael McKnight v. South Carolina, State of

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Tyrell McKnight 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 McKnight that failure to timely file specific 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). McKnight has waived appellate review by failing to file specific 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 adequately presented in the materials before *69 this court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Michael Tyrell MCKNIGHT, Petitioner-Appellant, v. SOUTH CAROLINA, State Of, Respondent-Appellee
Status
Unpublished