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60 F. App'x 458

Bryson v. Brock

U.S. Courts of Appeals

Decided March 31, 2003

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U.S. Courts of Appeals · decided 2003-03-31

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636

Relies on Thomas v. Arn · Wright v. Collins

Affirmed by unpublished PER CURIAM opinion · Decided 2003-03-31

PER CURIAM.

¶1 William M. Bryson, Jr., a federal prisoner, appeals from the district court’s order accepting the recommendation of the magistrate judge and dismissing, without prejudice, his petition filed under 28 U.S.C. § 2241 (2000). The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Bryson that failure to file timely, specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Bryson failed to file specific objections to the magistrate judge’s recommendation; he merely restated the claims raised in his petition.

¶2 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. See Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir.1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Bryson has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. 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.

¶3 AFFIRMED.

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