Jarrel Lee Johnson v. Warden Marlboro County Detention Center

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6617
JARREL LEE JOHNSON,
Petitioner - Appellant,
v.
WARDEN MARLBORO COUNTY DETENTION CENTER,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Orangeburg. R. Bryan Harwell, Chief District Judge. (5:22-cv-03170-RBH)
Submitted: March 28, 2024 Decided: April 1, 2024
Before KING and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jarrel Lee Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jarrel Lee Johnson seeks to appeal the district court’s order and judgment denying
relief on his 28 U.S.C. § 2241 petition without prejudice. 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 specific
objections to this recommendation could waive appellate review of a district court order
based upon the recommendation. Despite this warning, Johnson did not file objections.
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). Johnson
has waived appellate review by failing to timely file objections 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 the court and argument would not aid the decisional
process.
DISMISSED

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