Filed: Mar. 06, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7685 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GARY WAYNE TAYLOR, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Parkersburg. Joseph Robert Goodwin, District Judge. (CR-02-125; CA-03-2432) Submitted: February 23, 2006 Decided: March 6, 2006 Before WIDENER, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Gary Way
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7685 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GARY WAYNE TAYLOR, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Parkersburg. Joseph Robert Goodwin, District Judge. (CR-02-125; CA-03-2432) Submitted: February 23, 2006 Decided: March 6, 2006 Before WIDENER, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Gary Wayn..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7685
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GARY WAYNE TAYLOR,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Parkersburg. Joseph Robert Goodwin,
District Judge. (CR-02-125; CA-03-2432)
Submitted: February 23, 2006 Decided: March 6, 2006
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gary Wayne Taylor, Appellant Pro Se. Kasey Warner, United States
Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gary Wayne Taylor seeks to appeal the district court's
orders accepting the recommendation of the magistrate judge,
denying his motion under 28 U.S.C. § 2255 (2000), and denying his
motion for a certificate of appealability. 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 Taylor 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, Taylor 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). We find Taylor waived
appellate review by failing to file objections after receiving
proper notice of the proposed denial of his § 2255 motion, and the
district court properly denied a certificate of appealability.
Accordingly, we 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
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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