Jamie Goss v. Joseph McFadden, No. 15-6671 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6671 JAMIE GOSS, Petitioner - Appellant, v. JOSEPH MCFADDEN, Warden, Lieber Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Mary G. Lewis, District Judge. (4:14-cv-01299-MGL) Submitted: October 29, 2015 Decided: November 4, 2015 Before GREGORY, AGEE, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Jamie Goss, Appellant Pro Se. Alphonso Simon, Jr., Assistant Attorney General, Donald John Zelenka, Senior Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jamie Goss 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 Goss 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, see 766 F.2d 841, 845-46 (4th Thomas v. Arn, 474 U.S. 140 (1985). Cir. 1985); also Goss has waived appellate review by failing to timely file objections. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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 2

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