Mitchell Johnson v. Gregory Knowlin, No. 11-7062 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7062 MITCHELL JOHNSON, Petitioner Appellant, v. GREGORY KNOWLIN, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Cameron McGowan Currie, District Judge. (6:10-cv-01772-CMC) Submitted: November 8, 2011 Decided: November 17, 2011 Before KING, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Mitchell Johnson, Appellant Assistant Attorney General, Assistant Attorney General, Appellee. Pro Se. Alphonso Simon, Jr., Donald John Zelenka, Deputy Columbia, South Carolina, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mitchell Johnson 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.A. § 636(b)(1)(B) (West 2006 & Supp. 2011). The magistrate judge recommended that relief be denied and advised Johnson that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the 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 noncompliance. Cir. 1985); Johnson has been warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th see also waived Thomas v. appellate Arn, 474 review by objections after receiving proper notice. U.S. 140 failing (1985). to file Accordingly, we deny a certificate of appealability and dismiss the appeal. 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 2

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