Filed: Nov. 24, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7400 MICHAEL LEWIS MOORE, a/k/a Michael L. Moore, Petitioner - Appellant, v. DIRECTOR JON OZMINT, South Carolina Department of Corrections; MCKITHER BODISON, Warden Lieber Correctional Institution, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., Senior District Judge. (8:08-cv-02036-GRA) Submitted: November 17, 2009 Decided: Novemb
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7400 MICHAEL LEWIS MOORE, a/k/a Michael L. Moore, Petitioner - Appellant, v. DIRECTOR JON OZMINT, South Carolina Department of Corrections; MCKITHER BODISON, Warden Lieber Correctional Institution, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., Senior District Judge. (8:08-cv-02036-GRA) Submitted: November 17, 2009 Decided: Novembe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7400
MICHAEL LEWIS MOORE, a/k/a Michael L. Moore,
Petitioner - Appellant,
v.
DIRECTOR JON OZMINT, South Carolina Department of
Corrections; MCKITHER BODISON, Warden Lieber Correctional
Institution,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. G. Ross Anderson, Jr., Senior
District Judge. (8:08-cv-02036-GRA)
Submitted: November 17, 2009 Decided: November 24, 2009
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Lewis Moore, Appellant Pro Se. Donald John Zelenka,
Deputy Assistant Attorney General, Melody Jane Brown, Assistant
Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Lewis Moore seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2006)
petition. 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 relief be denied and advised
Moore 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 and a
thirty-day extension of time in which to file objections, Moore
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). Moore
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
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before the court and argument would not aid the decisional
process.
DISMISSED
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