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Al-Shabazz v. Maynard, 03-6585 (2003)

Court: Court of Appeals for the Fourth Circuit Number: 03-6585 Visitors: 6
Filed: Jun. 20, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6585 MALIK ABDUL AL-SHABAZZ, a/k/a Willie L. Furtick, Petitioner - Appellant, versus GARY D. MAYNARD, Director of SCDC; RICKIE HARRISON, Warden of Kershaw Correctional Institution; CHARLES MOLONY CONDON, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (CA-01-3985-4-25BH) Su
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 03-6585



MALIK ABDUL    AL-SHABAZZ,   a/k/a   Willie    L.
Furtick,

                                              Petitioner - Appellant,

          versus


GARY D. MAYNARD, Director of SCDC; RICKIE
HARRISON, Warden of Kershaw Correctional
Institution; CHARLES MOLONY CONDON, Attorney
General of the State of South Carolina,

                                              Respondents - Appellees.



Appeal from the United States District Court for the District of
South Carolina, at Florence.   Terry L. Wooten, District Judge.
(CA-01-3985-4-25BH)


Submitted:   June 12, 2003                    Decided:   June 20, 2003


Before WIDENER, LUTTIG, and SHEDD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Malik Abdul Al-Shabazz, Appellant Pro Se. Donald John Zelenka,
Chief Deputy Attorney General, William Edgar Salter, III, OFFICE OF
THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,
for Appellees.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

      Malik Abdul Al-Shabazz seeks to appeal the district court’s

order dismissing his petition filed under 28 U.S.C. § 2254 (2000).

The   district   court   referred   this   case   to   a   magistrate   judge

pursuant to 28 U.S.C. § 636(b)(1)(B) (2000).           The magistrate judge

recommended that relief be denied and advised Al-Shabazz that

failure to file timely objections to this recommendation could

waive appellate review of a district court order based upon the

recommendation.    Despite this warning, Al-Shabazz failed to object

to the magistrate judge’s 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 that failure to object will waive appellate review.               See

Wright v. Collins, 
766 F.2d 841
, 845-46 (4th Cir. 1985); see also

Thomas v. Arn, 
474 U.S. 140
 (1985). Al-Shabazz 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 the

court and argument would not aid the decisional process.



                                                                  DISMISSED


                                     2

Source:  CourtListener

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