
    Benjamin L. CAMM, Petitioner—Appellant, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent—Appellee.
    No. 03-7148.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Dec. 17, 2003.
    Decided: July 27, 2004.
    Benjamin L. Camm, Appellant pro se.
    Virginia Bidwell Theisen, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.
    Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

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) (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.

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.

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  