
    Thomas HARLEY, Petitioner-Appellant, v. WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION, Respondent-Appellee.
    No. 10-7650.
    United States Court of Appeals, Fourth Circuit.
    Submitted: March 15, 2011.
    Decided: March 18, 2011.
    
      Thomas Harley, Appellant Pro Se.
    Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
   Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Thomas Harley seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp.2010). The magistrate judge recommended that relief be denied and advised Harley that failure to file timely and specific objections to this recommendation could waive appellate review of a district court order based upon the 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 of the consequences of noncompliance. 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). Harley has waived appellate review by fading 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. 
      
       The district court granted Harley one extension of time in which to file his objections. and did not abuse its discretion in denying a second extension.
     