United States v. Miller ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7485
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT ROOSEVELT MILLER, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Greensboro. William L. Osteen, Sr.,
District Judge. (CR-92-203-G, CA-94-569-2)
Submitted: February 7, 1996 Decided: February 22, 1996
Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Robert Roosevelt Miller, Jr., Appellant Pro Se. Sandra Jane
Hairston, Assistant United States Attorney, Raleigh, North Caro-
lina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant seeks to appeal the district court's order dismiss-
ing his 28 U.S.C. § 2255 (1988) petition. Appellant's case was
referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B)
(1988). The magistrate judge recommended that relief be denied and
advised Appellant 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, Appel-
lant 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 when the parties have been warned
that failure to object will waive appellate review. Wright v.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). See generally Thomas
v. Arn, 474 U.S. 140 (1985). Appellant has waived appellate review
by failing to file objections after receiving proper notice. We ac-
cordingly affirm the order of the district court. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED
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