6 F. App'x 122

David Walker LAMB, Petitioner-Appellant, v. WARDEN, Nottoway Correctional Center, Respondent-Appellee.

No. 00-7549.

United States Court of Appeals, Fourth Circuit.

Submitted Feb. 9, 2001.

Decided March 12, 2001.

*123David Walker Lamb, pro se. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, VA, for appellee.

Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.

PER CURIAM.

David Walker Lamb seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C.A § 2254 (West 1994 & Supp. 2000). Lamb’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 Lamb 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, Lamb 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, 766 F.2d 841, 845-46 (4th Cir.1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Lamb has waived appellate review by fading 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.

Lamb v. Warden, Nottaway Correctional Center
6 F. App'x 122

Case Details

Name
Lamb v. Warden, Nottaway Correctional Center
Decision Date
Mar 12, 2001
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6 F. App'x 122

Jurisdiction
United States

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