Samuel Wayne Guy, Petitioner-appellant, v. Martin Mcdade, Superintendent of Custody; Attorney Generalof North Carolina; Richard N. League,respondents-appellees, 914 F.2d 1491 (4th Cir. 1990)

Samuel Wayne Guy seeks to appeal the district court's order dismissing this 28 U.S.C. § 2254 action. Appellant's action was referred to a magistrate pursuant to 28 U.S.C. § 636(b) (1) (B). The magistrate recommended that relief be denied and advised appellant 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, appellant failed to object to the magistrate's recommendation.

This Court has held that the timely filing of objections to a magistrate's recommendation is necessary to preserve appellate review of the substance of that recommendation where the parties have been warned that failure to object will waive appellate review. Wright v. Collins, 766 F.2d 841, 846 (4th Cir. 1985) (quoting Carr v. Hutto, 737 F.2d 433, 434 (4th Cir. 1984), cert. denied, 474 U.S. 1019 (1985)). See generally United States v. Schronce, 727 F.2d 91 (4th Cir.), cert. denied, 467 U.S. 1208 (1984). Appellant has waived appellate review by failing to file objections after receiving proper notice. We accordingly affirm the district court's order. 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.

AFFIRMED