Willis v. United States , 54 F. App'x 154 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7380
DEXTER WILLIS,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr.,
District Judge. (CA-02-513-1)
Submitted: December 19, 2002 Decided: December 31, 2002
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Dexter Willis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dexter Willis, a federal prisoner, appeals the district
court’s order denying relief on his petition filed under 28 U.S.C.
§ 2241 (2000). 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
Willis that failure to file timely objections to this
recommendation could waive appellate review of a district court
order based upon the recommendation. Despite this warning, Willis
failed to timely 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 that failure to object will waive appellate review. See
Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also
Thomas v. Arn, 474 U.S. 140 (1985). Willis has waived appellate
review by failing to file timely objections after receiving proper
notice. Accordingly, we affirm the judgment of the district court
and grant in forma pauperis status.
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.
AFFIRMED
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