Filed: Oct. 01, 2021
Latest Update: Oct. 02, 2021
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7054
JERRY L. SCANTLING,
Petitioner - Appellant,
v.
WARDEN LIEBER CORRECTIONAL INSTITUTION,
Respondent - Appellee,
and
STATE OF SOUTH CAROLINA,
Respondent.
Appeal from the United States District Court for the District of South Carolina, at
Greenville. Sherri A. Lydon, District Judge. (6:19-cv-00506-SAL)
Submitted: September 23, 2021 Decided: October 1, 2021
Before AGEE and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jerry L. Scantling, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerry L. Scantling seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2254 petition. The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be
denied and advised Scantling 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. Martin v. Duffy,
858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins,
766 F.2d 841, 846-47 (4th Cir. 1985);
see also Thomas v. Arn,
474 U.S. 140, 154-55 (1985). Although Scantling received proper
notice and filed timely objections to the magistrate judge’s recommendation, he has waived
appellate review because the objections were not specific to the particularized legal
recommendations made by the magistrate judge. See Martin, 858 F.3d at 245 (holding
that, “to preserve for appeal an issue in a magistrate judge’s report, a party must object to
the finding or recommendation on that issue with sufficient specificity so as reasonably to
alert the district court of the true ground for the objection” (internal quotation marks
omitted)). Accordingly, we deny a certificate of appealability and dismiss the appeal. *
*
To the extent Scantling argued in his objections that the vagueness of his complaint
was due to his pro se status, he does not challenge on appeal the district court’s
determination that he does not have a constitutional right to counsel in postconviction
(Continued)
2
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
proceedings. See Jackson v. Lightsey,
775 F.3d 170, 177 (4th Cir. 2014) (limiting appellate
review to issues raised in informal brief).
3