USCA4 Appeal: 22-6939 Doc: 10 Filed: 12/27/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6939

ROYCE THERMON JOHNSON,

Petitioner - Appellant,

v.

WARDEN, FCI McDowell,

Respondent - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Senior District Judge. (1:19-cv-00403)

Submitted: December 20, 2022 Decided: December 27, 2022

Before NIEMEYER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Royce Thermon Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6939 Doc: 10 Filed: 12/27/2022 Pg: 2 of 2

PER CURIAM:

Royce Thermon Johnson appeals the district court’s order dismissing his

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

(b)(1)(B). The magistrate judge recommended that the petition be dismissed

and advised Johnson 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 Johnson received proper

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

appellate review because the objections were untimely. Accordingly, we affirm the

judgment of the district court.

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.

AFFIRMED

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