Samuel James Ussery v. Charles Hill, Superintendent of Odom Correctional Institution, 59 F.3d 168, 4th Cir. (1995)
Samuel James Ussery v. Charles Hill, Superintendent of Odom Correctional Institution, 59 F.3d 168, 4th Cir. (1995)
Samuel James Ussery v. Charles Hill, Superintendent of Odom Correctional Institution, 59 F.3d 168, 4th Cir. (1995)
3d 168
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished
dispositions is disfavored except for establishing res judicata, estoppel, or the law
of the case and requires service of copies of cited unpublished dispositions of the
Fourth Circuit.
Appellant seeks to appeal the district court's order dismissing his 28 U.S.C.
Sec. 2254 (1988) petition. Appellant's case was referred to a magistrate judge
pursuant to 28 U.S.C. Sec. 636(b)(1)(B) (1988). 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.
Thomas v. Arn, 474 U.S. 140 (1985). Appellant has waived appellate review by
failing to file objections after receiving proper notice. We accordingly deny a
certificate of probable cause to appeal 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