Filed: Nov. 23, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6808 FREDDIE RICHARD JONES, Petitioner - Appellant, v. DENNIS BUSH, Warden Lee Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Terry L. Wooten, Chief District Judge. (0:14-cv-01760-TLW) Submitted: October 26, 2015 Decided: November 23, 2015 Before MOTZ and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by un
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6808 FREDDIE RICHARD JONES, Petitioner - Appellant, v. DENNIS BUSH, Warden Lee Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Terry L. Wooten, Chief District Judge. (0:14-cv-01760-TLW) Submitted: October 26, 2015 Decided: November 23, 2015 Before MOTZ and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unp..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6808
FREDDIE RICHARD JONES,
Petitioner - Appellant,
v.
DENNIS BUSH, Warden Lee Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Terry L. Wooten, Chief District
Judge. (0:14-cv-01760-TLW)
Submitted: October 26, 2015 Decided: November 23, 2015
Before MOTZ and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Freddie Richard Jones, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, Melody Jane Brown, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Freddie Richard Jones seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing as untimely 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)(B) (2012). The magistrate
judge recommended that the petition be dismissed as untimely and
advised Jones that failure to file timely 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). Jones 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
this court and argument would not aid the decisional process.
DISMISSED
2