Ronnie W. Wilson v. Warden Bush

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 26, 2018
• Docket: 18-6085
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6085

RONNIE W. WILSON,

Petitioner - Appellant,

v.

WARDEN BUSH,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. J. Michelle Childs, District Judge. (0:17-cv-00461-JMC)

Submitted: June 21, 2018 Decided: June 26, 2018

Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ronnie W. Wilson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Ronnie W. Wilson seeks to appeal the district court’s order denying relief on 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 Wilson 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). Wilson

has waived appellate review by failing to timely 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