UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7159

DAVID HARRELL,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director of the Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CA-98-872-2)

Submitted: December 16, 1999 Decided: December 21, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

David Harrell, Appellant Pro Se. Rick Randall Linker, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Harrell seeks to appeal the district court’s order dis-

missing his petition filed under

(West 1994 &

Supp. 1999). Appellant’s case was referred to a magistrate judge

pursuant to

(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 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. See Wright v.

Collins,

(4th Cir. 1985); see also Thomas v.

Arn,

(1985). Appellant has waived appellate review by

failing to file objections after receiving proper notice. We ac-

cordingly 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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