UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7054

JERRY L. SCANTLING,

Petitioner - Appellant,

v.

WARDEN LIEBER CORRECTIONAL INSTITUTION,

Respondent - Appellee,

and

STATE OF SOUTH CAROLINA,

Respondent.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Sherri A. Lydon, District Judge. (6:19-cv-00506-SAL)

Submitted: September 23, 2021 Decided: October 1, 2021

Before AGEE and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jerry L. Scantling, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Jerry L. Scantling seeks to appeal the district court’s order denying relief on his

petition. The district court referred this case to a magistrate judge

pursuant to

(b)(1)(B). The magistrate judge recommended that relief be

denied and advised Scantling that failure to file timely, 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. Martin v. Duffy,

(4th Cir. 2017); Wright v. Collins,

(4th Cir. 1985);

see also Thomas v. Arn,

(1985). Although Scantling received proper

notice and filed timely objections to the magistrate judge’s recommendation, he has waived

appellate review because the objections were not specific to the particularized legal

recommendations made by the magistrate judge. See Martin,

(holding

that, “to preserve for appeal an issue in a magistrate judge’s report, a party must object to

the finding or recommendation on that issue with sufficient specificity so as reasonably to

alert the district court of the true ground for the objection” (internal quotation marks

omitted)). Accordingly, we deny a certificate of appealability and dismiss the appeal. *

* To the extent Scantling argued in his objections that the vagueness of his complaint was due to his pro se status, he does not challenge on appeal the district court’s determination that he does not have a constitutional right to counsel in postconviction (Continued) 2 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

proceedings. See Jackson v. Lightsey,

(4th Cir. 2014) (limiting appellate review to issues raised in informal brief).

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