UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7707
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EUGENE LAMONT FRIEND,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District Judge.
(CR-99-201, CA-01-601-3)
Submitted: February 6, 2003 Decided: February 12, 2003
Before WILKINS, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eugene Lamont Friend, Appellant Pro Se. David John Novak, OFFICE
OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eugene Lamont Friend seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255
(2000). The district court referred this case 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 Friend 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, Friend 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). Friend 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
2