UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6614
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
OMAR ABDULLA ALI,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Greensboro. Frank W. Bullock, Jr.,
Chief District Judge. (CR-95-206-2, CA-98-981-1)
Submitted: July 8, 1999 Decided: July 16, 1999
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Omar Abdulla Ali, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Omar Abdulla Ali appeals the district court’s order dismissing
his 28 U.S.C.A. § 2255 (West Supp. 1999) motion. Ali’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 Ali that 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, Ali 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); see also Thomas v.
Arn, 474 U.S. 140 (1985). Appellant has waived appellate review by
failing to file objections after receiving proper notice. Accord-
ingly, we 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