UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6869
JIMMY D. COVINGTON,
Petitioner - Appellant,
versus
THEODIS BECK,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr.,
District Judge. (CA-01-1093-1)
Submitted: August 29, 2002 Decided: September 6, 2002
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jimmy D. Covington, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jimmy D. Covington seeks to appeal the district court’s order
dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994
& Supp. 2002). Covington’s case was referred to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge
recommended that relief be denied and advised Covington 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, Covington failed to timely
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). Covington has waived appellate review by
failing to file timely objections after receiving proper notice.
We accordingly deny a certificate of appealability, deny the motion
for leave to proceed in forma pauperis, 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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