UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7863

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LEEWANDA MARDELL KENNEDY,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Frank W. Bullock, Jr., District Judge. (CR-00-389, CR-01-21, CA-02-296-1)

Submitted: February 20, 2003 Decided: February 27, 2003

Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Leewanda Mardell Kennedy, Appellant Pro Se. Lisa Blue Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Leewanda Mardell Kennedy seeks to appeal the district court’s

order denying relief on his motion filed under

(2000). The district court referred this case to a magistrate judge

pursuant to

(b)(1)(B) (2000). The magistrate judge

recommended that relief be denied and advised Kennedy that the

failure to file timely objections to this recommendation could

waive appellate review of a district court order based upon the

recommendation. Despite this warning, Kennedy 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,

(4th Cir. 1985); see also

Thomas v. Arn,

(1985). Kennedy 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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