UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7971
JAMES ROBERT STANTON,
Plaintiff - Appellant,
versus
STANLEY R. WITKOWSKI, Warden, Perry Correc-
tional Institution; ATTORNEY GENERAL OF THE
STATE OF SOUTH CAROLINA,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Dennis W. Shedd, District Judge.
(CA-95-2061-19BD)
Submitted: May 16, 1996 Decided: May 31, 1996
Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Robert Stanton, Appellant Pro Se. Donald John Zelenka, Chief
Deputy Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order denying his 28
U.S.C. § 2254 (1988) motion. Appellant'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
Appellant that the failure to file timely objections to this recom-
mendation could waive appellate review of a district court order
based upon the recommendation. Despite this warning, Appellant
failed to object to the magistrate judge's recommendation.
The timely filing of 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); 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). Appellant
has waived appellate review by failing to file objections after
receiving proper notice. We accordingly deny a certificate of ap-
pealability 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 deci-
sional process.
DISMISSED
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