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Rashee Johnson v. Harold Clarke
20-6915
| 4th Cir. | Jul 22, 2021
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*1 Before WILKINSON, AGEE, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rashee Donell Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Rashee Donell Johnson 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 Johnson that failure to file timely objections to this recommendation would 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). Johnson 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

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Case Details

Case Name: Rashee Johnson v. Harold Clarke
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jul 22, 2021
Docket Number: 20-6915
Court Abbreviation: 4th Cir.
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