Edward Anthony v. South Carolina Department of Probation, No. 22-6115 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-6115 EDWARD R. ANTHONY, Petitioner - Appellant, v. SOUTH CAROLINA DEPARMENT OF PROBATION, PAROLE, AND PARDON SERVICES, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Bruce H. Hendricks, District Judge. (9:21-cv-01143-BHH) Submitted: May 19, 2022 Decided: May 24, 2022 Before MOTZ and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Edward R. Anthony, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Edward R. Anthony seeks to appeal the district court’s order denying relief on his 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 Anthony 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). Anthony 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; deny Anthony’s pending motions to reverse the district court’s decision, appoint counsel, and vacate his conviction; 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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