Filed: Jul. 01, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6669 MICHAEL WALKER, Petitioner – Appellant, v. WILLIE EAGLETON, Respondent – Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Patrick Michael Duffy, District Judge. (4:09-cv-00214-PMD) Submitted: June 22, 2009 Decided: July 1, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Walker, Appellant Pro Se. Unpublis
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6669 MICHAEL WALKER, Petitioner – Appellant, v. WILLIE EAGLETON, Respondent – Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Patrick Michael Duffy, District Judge. (4:09-cv-00214-PMD) Submitted: June 22, 2009 Decided: July 1, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Walker, Appellant Pro Se. Unpublish..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6669
MICHAEL WALKER,
Petitioner – Appellant,
v.
WILLIE EAGLETON,
Respondent – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Patrick Michael Duffy, District
Judge. (4:09-cv-00214-PMD)
Submitted: June 22, 2009 Decided: July 1, 2009
Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Walker, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Walker seeks to appeal the district court’s
order dismissing his 28 U.S.C. § 2254 (2006) petition for
failure to exhaust his state court remedies. The district court
referred this case to a magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) (2006). The magistrate judge recommended that
the petition be dismissed and advised Walker that failure to
file specific and timely objections to this recommendation could
waive appellate review of a district court order based upon the
recommendation. Despite this warning, Walker 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 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).
Walker waived appellate review by failing to file timely and
specific 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
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