UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7695
ISAAC L. CLARK,
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. Robert G. Doumar, Senior District
Judge. (CA-00-241-2)
Submitted: April 27, 2001 Decided: May 4, 2001
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Isaac L. Clark, Appellant Pro Se. Linwood Theodore Wells, Jr.,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Isaac L. Clark seeks to appeal the district court’s order
dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994
& Supp. 2000). Clark’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 Clark 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, Clark 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). Clark has waived appellate review by
failing to file objections after receiving proper notice. We
accordingly 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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