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283 F. App'x 116

Cline v. Ballard

U.S. Courts of Appeals

Decided July 3, 2008

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U.S. Courts of Appeals · decided 2008-07-03

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636

Relies on Thomas v. Arn · Wright v. Collins

Dismissed by unpublished PER CURIAM opinion · Decided 2008-07-03

PER CURIAM:

¶1 William Cline 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. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Cline 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, Cline failed to object to the magistrate judge’s 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). Cline has waived appellate review by failing to timely file specific objections to the magistrate judge’s report after receiving proper notice. * Accordingly, we deny a certificate of appealability and dismiss the appeal.

¶3*117 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.

*

¶5 Contrary to Cline's assertion on appeal, his objections to the Respondent’s motion for summary judgment cannot serve as objections to the magistrate judge’s subsequent report and recommendation.

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