Bobby Clayton VICK, Sr., Petitioner- Appellant, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent-Appellee, 173 F. App'x 233

PER CURIAM: Bobby Clayton Vick, Sr., 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 Vick 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, Vick 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. See Wells v. Shriners Hosp., 109 F.3d 198, 199-200 (4th Cir.1997); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Vick has waived appellate review by failing to file 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