UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8074
ODALIS HARRIS,
Petitioner - Appellant,
versus
S. K. YOUNG, Warden, WRSP,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, District Judge.
(CA-01-392)
Submitted: February 14, 2002 Decided: February 27, 2002
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Odalis Harris, Appellant Pro Se. Robert H. Anderson, III, 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Unpublished opinions are not binding precedent in this circuit.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:
Odalis Harris seeks to appeal the district court’s order
dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994
& Supp. 2001). Harris’ 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 Harris 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, Harris failed to object to the
magistrate judge’s recommendation.
The timely filing of specific 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); Orpiano v. Johnson, 687 F.2d
44, 47 (4th Cir. 1982). Harris has waived appellate review by
failing to file specific objections to the magistrate judge’s pro-
posed findings 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
2