Filed: Jan. 22, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7038 JACQUELINE TEDDER, Petitioner - Appellant, v. WARDEN LEATH CORRECTIONAL INSTITUTION, Respondent - Appellee, and LEATH CORRECTIONAL INSTITUTION, Respondent. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:16-cv-02554-HMH) Submitted: January 18, 2018 Decided: January 22, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7038 JACQUELINE TEDDER, Petitioner - Appellant, v. WARDEN LEATH CORRECTIONAL INSTITUTION, Respondent - Appellee, and LEATH CORRECTIONAL INSTITUTION, Respondent. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:16-cv-02554-HMH) Submitted: January 18, 2018 Decided: January 22, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7038
JACQUELINE TEDDER,
Petitioner - Appellant,
v.
WARDEN LEATH CORRECTIONAL INSTITUTION,
Respondent - Appellee,
and
LEATH CORRECTIONAL INSTITUTION,
Respondent.
Appeal from the United States District Court for the District of South Carolina, at
Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:16-cv-02554-HMH)
Submitted: January 18, 2018 Decided: January 22, 2018
Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jacqueline Tedder, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General,
Sherrie Ann Butterbaugh, OFFICE OF THE ATTORNEY GENERAL OF SOUTH
CAROLINA, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jacqueline Tedder seeks to appeal the district court’s order denying as untimely
her 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 Tedder that failure to file timely, 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). Tedder
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
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