UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6272
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NORVELL WEBSTER CRUMP,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert J. Staker, Senior
District Judge. (CR-94-101, CA-99-491)
Submitted: May 30, 2002 Decided: June 6, 2002
Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Norvell Webster Crump, Appellant Pro Se. Michael Lee Keller, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Norvell Webster Crump seeks to appeal the district court’s
judgment order denying his motion filed under 28 U.S.C.A. § 2255
(West Supp. 2001). Crump’s case was referred to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magistrate judge
recommended relief be denied and advised Crump 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, Crump failed to object to the magistrate
judge’s recommendation. The district court adopted the magistrate
judge’s findings and 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). Crump 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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