UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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