Ronald Tillman v. Michael Stephan ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6923
RONALD S. TILLMAN,
Petitioner - Appellant,
v.
MICHAEL STEPHAN,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Anderson. David C. Norton, District Judge. (8:18-cv-02021-DCN)
Submitted: January 23, 2020 Decided: January 28, 2020
Before WYNN, DIAZ, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronald S. Tillman, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald S. Tillman, a state prisoner, seeks to appeal the district court’s order denying
relief on his 28 U.S.C. § 2254 (2018) petition. The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2018). The magistrate judge
recommended that relief be denied and advised Tillman that failure to file 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. Wright v. Collins, 766
F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Tillman
has waived appellate review by failing to file specific objections after receiving proper
notice. Accordingly, we deny a certificate of appealability, deny Tillman’s motion to
proceed in forma pauperis, 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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