UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7148

PAUL NAGY,

Petitioner - Appellant,

versus

H. G. LAPPIN, Warden of the Federal Correc- tional Institution, Butner, North Carolina,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, District Judge. (CA-96-911-5-F)

Submitted: February 12, 1998 Decided: February 26, 1998

Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Paul Nagy, Appellant Pro Se. Fenita Talore Morris, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant seeks to appeal the district court's order dismiss-

ing his motion filed under

(1994). The magistrate

judge recommended that the motion be denied as moot and advised

Appellant that failure to file timely objections to this recommen-

dation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Appellant failed to

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,

(4th Cir. 1985). See generally Thomas v. Arn,

(1985). Appellant has waived appellate review

by failing to file 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 materials before the

court and argument would not aid the decisional process.

DISMISSED

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