Filed: Mar. 31, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6062 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT LEO BREEDEN, a/k/a Joey, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. W. Craig Broadwater, District Judge; James E. Seibert, Magistrate Judge. (CR-00-57, CA- 02-49-3) Submitted: March 20, 2003 Decided: March 31, 2003 Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, S
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6062 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT LEO BREEDEN, a/k/a Joey, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. W. Craig Broadwater, District Judge; James E. Seibert, Magistrate Judge. (CR-00-57, CA- 02-49-3) Submitted: March 20, 2003 Decided: March 31, 2003 Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Se..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6062
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT LEO BREEDEN, a/k/a Joey,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. W. Craig Broadwater,
District Judge; James E. Seibert, Magistrate Judge. (CR-00-57, CA-
02-49-3)
Submitted: March 20, 2003 Decided: March 31, 2003
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert Leo Breeden, Appellant Pro Se. Thomas Oliver Mucklow,
Assistant United States Attorney, Martinsburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Leo Breeden seeks to appeal the district court’s order
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge
recommended that relief be denied and advised Breeden 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, Breeden failed to object to
the magistrate judge’s recommendation.*
The timely filing of specific 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). Breeden has waived appellate
review by failing to file objections after receiving proper notice.
Accordingly, we deny a certificate of appealability and dismiss the
appeal.
*
The magistrate judge’s report and recommendation was entered
on December 3, 2002. Breeden did not file any objection to the
report and recommendation, but filed a notice of appeal on
December 16, 2002. The district court adopted the magistrate
judge’s report and recommendation and denied Breeden’s § 2255
motion on January 8, 2003.
2
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
3