Filed: Nov. 20, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7205 DONALD W. GAY, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA; LEE WARDEN CECELIA REYNOLDS; SCDC DIRECTOR NFN STIRLING; ATTORNEY GENERAL ALAN WILSON, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Cameron McGowan Currie, District Judge. (9:15-cv-02134-CMC) Submitted: November 17, 2015 Decided: November 20, 2015 Before SHEDD, DUNCAN, and DIAZ, C
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7205 DONALD W. GAY, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA; LEE WARDEN CECELIA REYNOLDS; SCDC DIRECTOR NFN STIRLING; ATTORNEY GENERAL ALAN WILSON, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Cameron McGowan Currie, District Judge. (9:15-cv-02134-CMC) Submitted: November 17, 2015 Decided: November 20, 2015 Before SHEDD, DUNCAN, and DIAZ, Ci..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7205
DONALD W. GAY,
Petitioner - Appellant,
v.
STATE OF SOUTH CAROLINA; LEE WARDEN CECELIA REYNOLDS; SCDC
DIRECTOR NFN STIRLING; ATTORNEY GENERAL ALAN WILSON,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Cameron McGowan Currie, District
Judge. (9:15-cv-02134-CMC)
Submitted: November 17, 2015 Decided: November 20, 2015
Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donald W. Gay, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donald W. Gay seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and
dismissing as successive 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 relief be denied and advised Gay 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). Gay 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
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