Harrison v. Condon

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6378 WILLIE J. HARRISON, Petitioner - Appellant, versus CHARLES M. CONDON, South Carolina Attorney General; WARDEN, Kershaw Correctional Institution, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (CA-00-1977-6-13-AK) Submitted: June 21, 2001 Decided: June 29, 2001 Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Willie J. Harrison, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Willie J. Harrison appeals the district court’s order dis- missing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). Harrison’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 Harrison 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, Harrison 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 Thomas v. Arn, 474 U.S. 140 (1985). Harrison has waived appellate review by fail- ing to file objections after receiving proper notice. We accord- ingly deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2