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222 F. App'x 284

Dogan v. Rushton

U.S. Courts of Appeals

Decided March 28, 2007

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U.S. Courts of Appeals · decided 2007-03-28

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Thomas v. Arn · Wright v. Collins

Dismissed by unpublished PER CURIAM opinion · Decided 2007-03-28

PER CURIAM:

¶1 Eddie Dean Dogan seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. *285 § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Dogan that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Dogan failed to note specific objections to the magistrate judge’s report and recommendation.

¶2 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, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). We agree with the district court that Dogan’s objections to the magistrate judge’s report and recommendation were not sufficiently specific. Therefore, Dogan has waived appellate review by failing to timely file specific objections after receiving proper notice. Accordingly, we deny a certificate of appealability and dismiss the appeal.

¶3 We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶4 DISMISSED.

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