United States v. Isley , 304 F. App'x 212 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7712
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL WAYNE ISLEY,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
District Judge. (1:05-cr-00216-NCT-2; 1:07-cv-00547-NCT-PTS)
Submitted: December 11, 2008 Decided: December 18, 2008
Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Wayne Isley, Appellant Pro Se. Angela Hewlett Miller,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Wayne Isley seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2255 (2000)
motion. 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
Isley that the failure to file timely objections to this
recommendation could waive appellate review of a district court
order based upon the recommendation. Despite this warning,
Isley failed to object to the magistrate judge’s 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). Isley
has waived appellate review by failing to timely file specific
objections after receiving proper notice. Accordingly, we deny
his motion for 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
2
before the court and argument would not aid the decisional
process.
DISMISSED
3