Raymond Charles Creason v. M. W. YORK, Superintendent

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7830
RAYMOND CHARLES CREASON,
Petitioner - Appellant,
versus
M. W. YORK, Superintendent,
Respondent - Appellee.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief
District Judge. (CA-01-586)
Submitted: February 21, 2002 Decided: March 5, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raymond Charles Creason, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Raymond Charles Creason seeks to appeal the district court’s
order dismissing his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 2001). Creason’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 Creason 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, Creason 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, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v.
Arn, 474 U.S. 140 (1985). Creason has waived appellate review by
failing to file objections after receiving proper notice. We
accordingly deny Creason’s motion to proceed in forma pauperis,
deny his motion for 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

-- 2 of 2 --