Filed: Sep. 04, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6473 JERRY MARVIN GALBREATH, Petitioner - Appellant, v. LEROY CARTLEDGE, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Aiken. Richard M. Gergel, District Judge. (1:14-cv-00110-RMG) Submitted: August 31, 2015 Decided: September 4, 2015 Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jerry M
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6473 JERRY MARVIN GALBREATH, Petitioner - Appellant, v. LEROY CARTLEDGE, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Aiken. Richard M. Gergel, District Judge. (1:14-cv-00110-RMG) Submitted: August 31, 2015 Decided: September 4, 2015 Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jerry Ma..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6473
JERRY MARVIN GALBREATH,
Petitioner - Appellant,
v.
LEROY CARTLEDGE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Richard M. Gergel, District Judge.
(1:14-cv-00110-RMG)
Submitted: August 31, 2015 Decided: September 4, 2015
Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jerry Marvin Galbreath, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, William Edgar Salter, III,
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerry Marvin Galbreath seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2012) petition.
The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(A) (2012). The magistrate
judge recommended that relief be denied and advised Galbreath
that failure to file timely and 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. Wright v.
Collins,
766 F.2d 841, 845-46 (4th Cir. 1985); see also
Thomas v. Arn,
474 U.S. 140 (1985). Galbreath has waived
appellate review by failing to 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
this court and argument would not aid the decisional process.
DISMISSED
2