United States v. Anna Jean Bradley, A/K/A Annie Husser

993 F.2d 1539

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Anna Jean BRADLEY, a/k/a Annie Husser, Defendant-Appellant.

No. 93-6194.

United States Court of Appeals,
Fourth Circuit.

Submitted: May 3, 1993
Decided: May 27, 1993

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Charles E. Simons, Jr., Senior District Judge. (CR-89-9, CA-90-345-5-6BH)

Anna Jean Bradley, Appellant Pro Se.

Mary Donne Peters, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

D.S.C.

AFFIRMED.

Before RUSSELL and HALL, Circuit Judges, and SPROUSE, Senior Circuit Judge.

PER CURIAM:

OPINION

1

Anna Jean Bradley appeals the district court's order granting the Government's motion for summary judgment in Bradley's action brought under 28 U.S.C. § 2255 (1988). Bradley's case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1988). The magistrate judge recommended that relief be denied and advised Bradley 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, Bradley failed to object to the magistrate judge's recommendation in a timely fashion.

2

The timely filing of objections to a magistrate judge's recommendation is necessary to preserve appellate review of the substance of that recommendation where 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); United States v. Schronce, 727 F.2d 91, 93-94 (4th Cir.), cert. denied, 467 U.S. 1208 (1984); see also Thomas v. Arn, 474 U.S. 140 (1985). Bradley has waived appellate review by failing to file timely objections after receiving proper notice. We accordingly affirm the judgment of the district court. 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.

3

AFFIRMED.