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102 F. App'x 834

Camm v. Johnson

U.S. Courts of Appeals

Decided July 27, 2004

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U.S. Courts of Appeals · decided 2004-07-27

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636

Relies on Page v. Rc Lee

Dismissed by unpublished per curiam opinion · Decided 2004-07-27

PER CURIAM:

¶1 Benjamin L. Camm, a Virginia inmate, 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) *835 (2000). The magistrate judge recommended that relief be denied and advised Camm that failure to file timely objections to the recommendation would waive appellate review of an order based upon the recommendation. Despite this warning, Camm failed to object to the magistrate judge’s recommendation.

¶2 The failure to file timely objections to a magistrate judge’s report and recommendation waives the right to appellate review. Page v. Lee, 337 F.3d 411, 416 n. 3 (4th Cir.2003). Camm has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we deny a certificate of appealability and dismiss the appeal.

¶3 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.

¶4 DISMISSED

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