U.S. Court of Appeals for the Fourth Circuit, 2018

Channack Keam v. Leroy Cartledge

Channack Keam v. Leroy Cartledge
U.S. Court of Appeals for the Fourth Circuit · Decided October 25, 2018

Channack Keam v. Leroy Cartledge

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-7617

CHANNACK KEAM, Petitioner - Appellant, v. LEROY CARTLEDGE, Respondent - Appellee.

No. 18-6661

CHANNACK KEAM, Petitioner - Appellant, v. LEROY CARTLEDGE, Respondent - Appellee.

Appeals from the United States District Court for the District of South Carolina, at Greenville. J. Michelle Childs, District Judge. (6:16-cv-03245-JMC)

Submitted: October 23, 2018 Decided: October 25, 2018 Before NIEMEYER, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Channack Keam, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: In these consolidated appeals, Channack Keam seeks to appeal the district court’s order denying a certificate of appealability as to 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 Keam 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 (1985). Keam has waived appellate review by failing to timely file objections. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeals.

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

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