UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6445
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
COREY ALLEN WILSON, a/k/a Jugs,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Winston-Salem. N. Carlton Tilley,
Jr., Chief District Judge. (CR-96-154, CA-01-444-1)
Submitted: May 30, 2002 Decided: June 7, 2002
Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Corey Allen Wilson, Appellant Pro Se. Michael Francis Joseph,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Corey Allen Wilson appeals the district court’s judgment
denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.
2001). Wilson’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 Wilson that the failure to file
timely objections to this recommendation could waive appellate
review of a district court order based upon the recommendation.
Despite this warning, Wilson 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). Wilson 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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