UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6027
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FAUSTO RUIZ-VARGAS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-00-407; CA-03-629-1)
Submitted: June 18, 2004 Decided: July 16, 2004
Before WILKINSON, LUTTIG, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Fausto Ruiz-Vargas, Appellant Pro Se. Steven Hale Levin, 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Unpublished opinions are not binding precedent in this circuit.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:
Fausto Ruiz-Vargas 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 Ruiz-Vargas
that failure to file timely objections to the recommendation would
waive appellate review of a district court order based upon the
recommendation. Despite this warning, Ruiz-Vargas 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.
Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); Thomas v.
Arn, 474 U.S. 140 (1985). Ruiz-Vargas 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 -