UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7115
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RONALD MARCELLO CAVINESS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Greensboro. N. Carlton Tilley, Jr.,
District Judge. (CR-89-276, CA-97-445-2)
Submitted: December 17, 1998 Decided: January 6, 1999
Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Peter David Goldberger, LAW OFFICES OF ALAN ELLIS, Ardmore, Penn-
sylvania, for Appellant. Benjamin H. White, Jr., Assistant United
States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ronald Marcello Caviness seeks to appeal the district court’s
orders denying his motion filed under 28 U.S.C.A. § 2255 (West 1994
& Supp. 1998), and his motion for reconsideration. 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 Thomas v. Arn, 474 U.S.
140, 148-53 (1985); Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985). Appellant has waived appellate review by failing to
file objections after receiving proper notice. Furthermore, the
district court correctly found that appellant failed to demonstrate
excusable neglect for failing to file timely objections to the mag-
istrate judge’s recommendation. Accordingly, we deny a certificate
of appealability and dismiss the appeal on the reasoning of the
district court. See United States v. Caviness, Nos. CR-89-276; CA-
97-445-2 (M.D.N.C. Mar. 18 & May 29, 1998). 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