UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6377
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BOOKER COUNCIL THOMAS GATTIS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr.,
District Judge. (CR-99-102, CA-00-1135-1)
Submitted: July 25, 2002 Decided: July 31, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Booker Council Thomas Gattis, Appellant Pro Se. Angela Hewlett
Miller, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Booker Council Thomas Gattis seeks to appeal the district
court’s order dismissing his motion filed under 28 U.S.C.A. § 2255
(West 1994 & Supp. 2002). Gattis’ 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 Gattis 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, Gattis 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). Gattis 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
2