David Hightower v. Warden, No. 08-7682 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7682 DAVID HIGHTOWER, Petitioner - Appellant, v. WARDEN, McCormick Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Cameron McGowan Currie, District Judge. (2:07-cv-00063-CMC) Submitted: November 20, 2008 Decided: December 2, 2008 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David Hightower, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Hightower seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The district court referred this case to a magistrate pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). judge The magistrate judge recommended that relief be denied and advised Hightower 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, Hightower failed to object to the magistrate judge s recommendation. The magistrate timely judge s filing of specific recommendation is objections necessary to to a preserve appellate review of the substance of that recommendation when the parties have 1985); warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th noncompliance. Cir. been see also Thomas v. Arn, 474 U.S. 140 (1985). Hightower has waived appellate review by failing to timely file specific objections after receiving proper notice. States v. Midgette, 478 F.3d 616, 622 (4th See United Cir. 2007). Accordingly, we deny Hightower s motion for a certificate of appealability and dismiss the appeal. 2 We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 3

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