Wilson v. Weldon

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6316 CEDRICK WILSON, Petitioner - Appellant, versus WILLIE WELDON, Warden; CHARLES MOLONY CONDON, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. G. Ross Anderson, Jr., District Judge. (CA-98-2128-2-AJ) Submitted: July 22, 1999 Decided: July 28, 1999 Before ERVIN, HAMILTON, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Cedrick Wilson, Appellant Pro Se. Donald John Zelenka, Chief Dep- uty Attorney General, William Edgar Salter, III, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Cedrick Wilson seeks to appeal the district court’s order dis- missing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). Wilson’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 Wilson that failure to file timely objections to this recommendation could waive appel- late review of a district court order based upon the recommenda- tion. Despite this warning, Wilson failed to file specific objec- tions to the magistrate judge’s 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 that failure to object will waive appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). See generally Thomas v. Arn, 474 U.S. 140 (1985). Appellant has waived appellate review by failing to file specific objections after receiving proper notice. We accordingly 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 mate- rials before the court and argument would not aid the decisional process. DISMISSED 2