98 F3d 1334 Gay v. Warden Fci Estill

98 F.3d 1334

Richard Wayne GAY, Petitioner--Appellant,
WARDEN, FCI ESTILL, Respondent--Appellee.

No. 96-6048.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 20, 1996
Decided Oct. 3, 1996

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Richard Wayne Gay, Appellant Pro Se.

Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.


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Appellant seeks to appeal the district court's order dismissing his 28 U.S.C. § 2241 (1994) petition. Appellant'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 Appellant that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Appellant failed to timely 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. 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 timely objections after receiving proper notice. We accordingly deny a certificate of appealability to the extent that one is required 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.