United States v. Tyrone McNeil

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6344

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TYRONE MCNEIL,

Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas David
Schroeder, District Judge. (2:95-cr-00251-TDS-2; 1:11-cv-00034-
TDS-PTS)

Submitted: October 18, 2011 Decided: October 20, 2011

Before WILKINSON, MOTZ, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tyrone McNeil, Appellant Pro Se. Robert Michael Hamilton,
Angela Hewlett Miller, Assistant United States Attorneys,
Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Tyrone McNeil appeals the district court’s order

dismissing as successive his 28 U.S.C.A. § 2255 (West Supp.

2011) motion. The district court referred this case to a

magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West

2006 & Supp. 2011). The magistrate judge recommended that

relief be denied and advised McNeil that the failure to file

timely objections to this recommendation could waive appellate

review of a district court order based upon the 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 of the consequences of

noncompliance. Wright v. Collins, 766 F.2d 841, 845-46 (4th

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). McNeil

has waived appellate review by failing to file objections after

receiving proper notice. Accordingly, we affirm the district

court’s judgment. 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.

AFFIRMED

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