325 F. App'x 250

Kenneth RAY, a/k/a Kenneth J. Ray, a/k/a Kenneth Feochie Ray, a/k/a Kenneth F. Ray, Petitioner—Appellant, v. Henry McMASTER; Warden, Broad River Correctional Institution, Respondents—Appellees.

No. 09-6054.

United States Court of Appeals, Fourth Circuit.

Submitted: May 21, 2009.

Decided: May 28, 2009.

Kenneth Ray, Appellant Pro Se.

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kenneth Ray seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006). The magistrate judge recommended that relief be denied and advised Ray that failure to file timely and specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. *251Despite this warning, Ray failed to file specific objections to the magistrate judge’s 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Ray 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 the court and argument would not aid the decisional process.

DISMISSED.

Ray v. McMaster
325 F. App'x 250

Case Details

Name
Ray v. McMaster
Decision Date
May 28, 2009
Citations

325 F. App'x 250

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!