UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7139
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LEONARD SHELTON MCCULLOUGH, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Winston-Salem. Frank W. Bullock, Jr.,
District Judge. (CR-96-195, CA-00-1040-1)
Submitted: November 29, 2001 Decided: December 6, 2001
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Leonard Shelton McCullough, Jr., Appellant Pro Se. Paul Alexander
Weinman, Assistant United States Attorney, Greensboro, North Caro-
lina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Leonard Shelton McCullough, Jr., seeks to appeal the district
court’s order denying his motion filed under 28 U.S.C.A. § 2255
(West Supp. 2001). McCullough’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 McCullough 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, McCullough 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 also Thomas v.
Arn, 474 U.S. 140 (1985). McCullough has waived appellate review
by failing to file objections after receiving proper notice.
Accordingly, we 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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