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Ford v. Stevenson Corr Institute, 07-6344 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 07-6344 Visitors: 12
Filed: Jun. 22, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6344 JAMES CLIFF FORD, Petitioner - Appellant, versus STEVENSON CORRECTIONAL INSTITUTE, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (6:06-cv-1217) Submitted: June 15, 2007 Decided: June 22, 2007 Before WIDENER, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. James Cliff Fo
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                             UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                             No. 07-6344



JAMES CLIFF FORD,

                                            Petitioner - Appellant,

          versus


STEVENSON CORRECTIONAL INSTITUTE, Warden,

                                             Respondent - Appellee.



Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (6:06-cv-1217)


Submitted: June 15, 2007                     Decided:   June 22, 2007


Before WIDENER, MICHAEL, and KING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


James Cliff Ford, Appellant Pro Se. Donald John Zelenka, Samuel
Creighton Waters, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA,
Columbia, South Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

          James Cliff Ford seeks to appeal the district court’s

order denying relief on his 28 U.S.C. § 2254 (2000) petition.   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 Ford that failure to timely file

specific objections to this recommendation could waive appellate

review of a district court order based upon the recommendation.

Despite this warning, Ford filed a “motion to object” in which he

failed to identify any specific error in 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).   Ford has waived appellate review by failing to

timely file 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



                              - 2 -

Source:  CourtListener

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