Inscore v. Bureau of Prisons

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6397
KENNETH WAYNE INSCORE,
Petitioner - Appellant,
versus
BUREAU OF PRISONS,
Respondent - Appellee.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Beckley. David A. Faber, District Judge.
(CA-96-522-5)
Submitted: March 31, 1999 Decided: April 21, 1999
Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Kenneth Wayne Inscore, Appellant Pro Se. Rebecca A. Betts, United
States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kenneth Wayne Inscore appeals the district court’s order dis-
missing his 28 U.S.C. § 2241 (1994) complaint. Inscore’s case was
referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B)
(1994). The magistrate judge recommended that relief be denied and
advised Inscore 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, Inscore
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. See Wright v.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). See generally
Thomas v. Arn, 474 U.S. 140 (1985). Inscore has waived appellate
review by failing to file objections after receiving proper notice.
Accordingly, we affirm the judgment of the district court.
Inscore’s motions to expedite this appeal are denied as moot. We
deny Inscore’s motion for the appointment of counsel and 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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