Michael Hickson v. Warden, Ridgeland Correctional Institution ( 2022 )

USCA4 Appeal: 22-6253 Doc: 11 Filed: 07/29/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6253
MICHAEL HICKSON,
Petitioner - Appellant,
v.
WARDEN, RIDGELAND CORRECTIONAL INSTITUTION,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Henry M. Herlong, Jr., Senior District Judge. (0:21-cv-03719-HMH)
Submitted: July 26, 2022 Decided: July 29, 2022
Before MOTZ, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Hickson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6253 Doc: 11 Filed: 07/29/2022 Pg: 2 of 2
PER CURIAM:
Michael Hickson 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 Hickson 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). Although Hickson received proper
notice and filed timely objections to the magistrate judge’s recommendation, he has waived
appellate review because the objections were not specific to the particularized legal
recommendations made by the magistrate judge. See Martin, 858 F.3d at 245 (holding
that, “to preserve for appeal an issue in a magistrate judge’s report, a party must object to
the finding or recommendation on that issue with sufficient specificity so as reasonably to
alert the district court of the true ground for the objection” (internal quotation marks
omitted)). 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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