USCA4 Appeal: 23-7289 Doc: 7 Filed: 02/27/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7289

ROBERT DAVIS SMITH, JR., a/k/a Robert David Smith, Jr.,

Petitioner - Appellant,

v.

WARDEN, TYGER RIVER CORRECTIONAL INSTITUTION,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Mary G. Lewis, District Judge. (8:23-cv-04820-MGL)

Submitted: February 22, 2024 Decided: February 27, 2024

Before NIEMEYER and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert Davis Smith, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7289 Doc: 7 Filed: 02/27/2024 Pg: 2 of 2

PER CURIAM:

Robert Davis Smith, Jr., seeks to appeal the district court’s order dismissing his

petition without prejudice for failure to exhaust state remedies. 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 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). Smith has forfeited appellate review by

failing to file objections to the magistrate judge’s recommendation 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

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