Tyrone Roberson v. Warden Lieber Correctional

U.S. Court of Appeals for the Fourth Circuit

Tyrone Roberson v. Warden Lieber Correctional

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6774

TYRONE ROBERSON,

Petitioner - Appellant,

v.

WARDEN, LIEBER CORRECTIONAL INSTITUTION,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Richard Mark Gergel, District Judge. (2:18-cv-01286-RMG)

Submitted: October 26, 2018 Decided: November 6, 2018

Before GREGORY, Chief Judge, and DUNCAN and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyrone Lamar Roberson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Tyrone Lamar Roberson 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 Roberson 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).

Roberson 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

adequately presented in the materials before this court and argument would not aid the

decisional process.

DISMISSED

2

Reference

Status
Unpublished