Marshall v. Rushton

Elijah Marshall, Jr., seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and denying relief on his 28 U.S.C. § 2254 (2000) petition. Marshall, however, waived his right to appeal by failing timely to file objections to the magistrate judge’s recommendation. See Wells v. Shriners Hosp., 109 F.3d 198, 201 (4th Cir. 1997). We therefore dismiss the appeal. Id. at 200. 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.