Jonathan Mayo v. Chris Walz, No. 20-7229 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7229 JONATHAN ONEIL MAYO, Petitioner - Appellant, v. CHRIS WALZ, Interim Superintendent; MARK RANKIN HERRING, Attorney General, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:20-cv-00215-MHL-RCY) Submitted: November 19, 2020 Decided: November 24, 2020 Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges. Dismissed by unpublished per curiam opinion. Jonathan Oneil Mayo, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jonathan Oneil Mayo seeks to appeal the district court’s order denying relief on Mayo’s 28 U.S.C. § 2254 petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be denied and advised Mayo that failure to file timely, specific 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. Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 154-55 (1985). Mayo has waived appellate review by failing to file objections to the magistrate judge’s recommendation 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 this court and argument would not aid the decisional process. DISMISSED 2

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