Taylor v. Angelone

U.S. Court of Appeals for the Fourth Circuit January 28, 2000

Opinion

No. 99-7208

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 District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-98-1404-2)

Submitted: January 20, 2000 Decided: January 28, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Julian Thomas Taylor, Appellant Pro Se. Daniel John Munroe, 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Unpublished opinions are not binding precedent in this circuit.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:

Julian Thomas Taylor seeks to appeal the district court’s

order dismissing his petition filed under

28 U.S.C.A. § 2254

(West

1994 & Supp. 1999). Taylor’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 Taylor 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, Taylor 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,

474 U.S. 140

(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 ap-

peal. Furthermore, Taylor’s motion to appoint counsel is denied.

We dispense with oral argument because the facts and legal conten-

tions are adequately presented in the materials before the court

and argument would not aid the decisional process.