Enriquez v. State of SC ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7096
ANTHONY M. ENRIQUEZ,
Petitioner - Appellant,
versus
STATE OF SOUTH CAROLINA; CHARLES M. CONDON,
Attorney General of State of South Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, District Judge.
(CA-98-1840-3-24BC)
Submitted: January 11, 2000 Decided: February 1, 2000
Before MURNAGHAN and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Anthony M. Enriquez, Appellant Pro Se. Derrick K. McFarland, OF-
FICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony M. Enriquez appeals the district court’s order dis-
missing his petition filed under 28 U.S.C.A. § 2254 (West 1994 &
Supp. 1998). Appellant’s case was referred to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magistrate judge
recommended that the Respondents’ motion for summary judgment be
granted and the petition dismissed. Appellant, who was represented
by counsel, failed to object to the magistrate judge’s
recommendation.
The timely filing of objections to a magistrate judge’s
recommendation is necessary to preserve appellate review of the
substance of that recommendation. See Wells v. Shriners Hosp., 109
F.3d 198, 201 (4th Cir. 1997). See generally Thomas v. Arn, 474
U.S. 140 (1985). Appellant has waived appellate review by failing
to file objections to the magistrate’s recommendation. We accord-
ingly deny a certificate of appealability and dismiss the appeal.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
DISMISSED
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