Long v. Ozmint, (4th Cir. 2007)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6070

JEROME LONG,

Petitioner - Appellant,

versus

JON OZMINT, Director; HENRY MCMASTER, Attorney

General; WARDEN, Perry Correctional

Institution,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Greenville. Henry F. Floyd, District Judge.

(6:06-cv-00449-HFF)

Submitted: June 21, 2007 Decided: June 27, 2007

Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome Long, Appellant Pro Se. Donald John Zelenka, OFFICE OF THE

ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jerome Long seeks to appeal the district court's order denying relief on his 28U.S.C. § 2254 (2000) petition. The district court referred this case to a magistrate judge pursuant to 28U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Long that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Long failed to object to the grounds upon which the magistrate judge recommended denying relief.

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). Long has waived appellate review by failing to timely 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

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