Michael White v. Warden, No. 11-7130 (4th Cir. 2011)
Annotate this CaseCourt Description: Unpublished opinion after submission on briefs: Dismissed
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7130 MICHAEL ANGEL WHITE, Petitioner - Appellant, v. WARDEN, Lee Correctional Institution, Respondent - Appellee, and STATE OF SOUTH CAROLINA, Respondent. Appeal from the United States District Court for the District of South Carolina, at Aiken. Joseph F. Anderson, Jr., District Judge. (1:10-cv-01456-JFA) Submitted: December 20, 2011 Decided: December 23, 2011 Before MOTZ, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Angel White, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael court s order petition. Angel denying White relief seeks on his to appeal 28 the U.S.C. district § 2254 (2006) 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 White 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 noncompliance. have been warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). White has waived appellate review by failing to 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 before contentions the court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2
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