UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6276
GUY WILLIAM BILODEAU,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. William T. Prince, Magistrate Judge.
(CA-98-626)
Submitted: June 17, 1999 Decided: June 24, 1999
Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Guy William Bilodeau, Appellant Pro Se. Linwood Theodore Wells,
Jr., Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Guy William Bilodeau appeals the district court’s order deny-
ing his motion filed under 28 U.S.C.A. § 2255 (West Supp. 1999).
Bilodeau’s case was referred to a magistrate judge pursuant to 28
U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended
that relief be denied and advised Bilodeau 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, Bilodeau 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. 1984); see also Thomas v.
Arn, 474 U.S. 140 (1985). Bilodeau has waived appellate review by
failing to file objections after receiving proper notice. We ac-
cordingly deny a certificate of appealability 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 decisional process.
DISMISSED
2