Williams v. Angelone

26 F. App'x 373

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 13, 2002
• Docket: 01-8038
• Status: Unpublished

Opinion

PER CURIAM.

Billy Williams seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2001). Williams’ case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magis trate judge recommended that relief be denied and advised Williams 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, Williams 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 also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Williams has waived appellate review by failing to file objections after receiving proper notice. We accordingly deny the motion for leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal. 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.

DISMISSED.