Williams v. Angelone ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7120
WESTLEY S. WILLIAMS,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CA-99-365-2)
Submitted: November 4, 1999 Decided: November 10, 1999
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Westley S. Williams, Appellant Pro Se. Ruth M. McKeaney, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Westley S. Williams seeks to appeal the district court’s order
dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994
& Supp. 1999). Williams’ 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 Williams that failure
to file timely objections to this recommendation could waive
appellate review of a district court order based upon the recom-
mendation. 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 (1985). Williams has waived appellate review by
failing to file objections after receiving proper notice. We ac-
cordingly 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
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