United States v. Miller

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 22, 1996
• Docket: 95-7485
• Status: Unpublished

Opinion

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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