The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6260
CHRISTOPHER A. BROWN,
Petitioner - Appellant,
versus
PATE, Acting Warden of Allendale Correctional
Institution; CHARLES M. 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 Rock Hill. David C. Norton, District Judge.
(CA-02-84-1)
Submitted: April 17, 2003 Decided: April 24, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Christopher A. Brown, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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:
Christopher A. Brown seeks to appeal the district court’s
order dismissing his petition filed under 28 U.S.C. § 2254 (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 Brown 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, Brown failed to object 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. See
Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also
Thomas v. Arn, 474 U.S. 140 (1985). Brown has waived appellate
review by failing to file objections after receiving proper notice.
Accordingly, 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
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