James Arthur BRAXTON, Petitioner-Appellant, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent-Appellee, 141 F. App'x 211

PER CURIAM: James Arthur Braxton, a state prisoner, seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C. § 2254 (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 Braxton that failure to file timely objections to this recommendation would result in waiver of appellate review of a district court order based upon the recommendation.

Despite this warning, and an extension by the magistrate judge of the time in which to do so, Braxton failed to timely file objections 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, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985).

Braxton has waived appellate review by failing to file timely objections after receiving proper notice. 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 materials before the court and argument would not aid the decisional process. DISMISSED