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187 F. App'x 274

Marshall v. Rushton

U.S. Courts of Appeals

Decided June 22, 2006

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U.S. Courts of Appeals · decided 2006-06-22

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Wells v. Shriners Hosptial

Dismissed by unpublished PER CURIAM opinion · Decided 2006-06-22

PER CURIAM:

¶1 Elijah Marshall, Jr., seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and denying relief on his 28 U.S.C. § 2254 (2000) petition. Marshall, however, waived his right to appeal by failing timely to file objections to the magistrate judge’s recommendation. See Wells v. Shriners Hosp., 109 F.3d 198, 201 (4th Cir.1997). We therefore dismiss the appeal. Id. at 200. 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.

¶2 DISMISSED.

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